Covington County v. Morris

Citations

• 122 Miss. 495
• 84 So. 462

Syllabus

<p>1. Trial. Reasons for requested peremptory instruction need not 6e stated.</p> <p>On request for a peremptory instruction, the defendant is not required to then and there point out specifically the reasons upon which he bases his request for the directed verdict, but the request raises the point as to whether the plaintiff has proven his case in all of its essential requirements.</p> <p>2. Counties. Plea of general issue puts presentation and disallowance of claim in issue.</p> <p>In suits against a county, it is necessary to allege and prove that the claim has been first presented to and disallowed by the board of supervisors before suit can be maintained, and, where the declaration alleges presentment and disallowance, a plea of tbe general issue by tbe county puts tbis essential fact in issue, and tbe burden is upon tbe plaintiff to prove tbe alleged fact as a condition precedent before tbe suit can be maintained under tbe statute giving tbe right to sue a county.</p>