Clay County v. Chickasaw County

Citations

• 76 Miss. 418

Syllabus

<p>1. Counties. Suits against. Demand. Refusal to pay. Entry on minutes. Code 1892, 1292.</p> <p>Insufficient présentation to and failure by the board of supervisors to disallow a claim is no defense to a suit against the county thereon, when the same was presented for payment, referred by the board to its attorney, and the attorney informed plaintiff he would have to sue. The statute, code 1892, § 292, requiring the presentation of claims for payment before suits ag'ainst a county, does not require the rejection of a claim to be recorded on the minutes of the board.</p> <p>2. Res Adjudicata. Previous suit. Judgment.</p> <p>A judgment in a previous suit does not’support a plea of res adjudieata in a second suit between the same parties, if the claim propounded in the second was not, and could not have been, litigated in the first.</p>