Gulf Export Co. v. State

Citations

• 112 Miss. 452
• 73 So. 281

Syllabus

<p>1. States. Actions. Liability to suits. ■ Sufficiency of bill. Officers. Authority. Auditor. Involuntary dismissal. Tenue. Change. Defendant’s residence.</p> <p>Under Code 1906, section 4800, so providing, persons having claims against the state must submit them to the auditor before suit and an action cannot be brought upon such a claim which the auditor has no authority to audit and allow.</p> <p>2. State. Actions. Sufficiency of bill.</p> <p>A bill in equity against the state for alleged breach of a contract made by the governor with the complainant, but not showing any authority on the governor’s part to make the contract, does not show a binding contract on the state.</p> <p>3. State. Actions. Officers. Authority. Auditor.</p> <p>The auditor of the state has no authority to audit and allow a claim for damages for breach of contract.</p> <p>4. States. Actions. Liability to suit.</p> <p>A chancery court has no general equity power to decree what the state should pay for an alleged breach of contract. The authority to sue the state has always been a subject of legislation in this state and the legislature having dealt with and treated the subject, its treatment and its statutory enactment must be regarded as exclusive of any remedy by common law or original equity jurisdiction.</p> <p>5. State. Actions against. Involuntary dismissal.</p> <p>Where a bill does not state such a claim for which suit is authorized to be brought against the state in its sovereign capacity, the chancellor is authorized to dismiss such suit, as to the state.</p> <p>6. Venue. Change. Defendant’s residence.</p> <p>Where a suit against the state and several other defendants was dismissed as to the state and none of the other defendants lived in the county where the suit was brought, the venue was properly changed to the county, of the residence of the principal defendant.</p>