Humphreys County v. Cashin

Citations

• 128 Miss. 236
• 90 So. 838

Syllabus

<p>1. States. Where statute permits state or subdivision thereof to be brought into court as litigant, it is subject to all rules of procedure.</p> <p>Where the statute permits a state, or a subdivision thereof, to enter or to be brought into court as a litigant, it becomes subject, in the absence of a provision in the statute to the contrary, to all of the rules governing the procedure of the court in other cases.</p> <p>3. Venue. Plaintiff in civil action against county s entitled to change of venue for undue influence of defendant’s board of supervisors.</p> <p>The complainant in a civil action in which a county is the defendant is entitled to a change of venue under tire provisions of section 713, Code of 1906 (section 491, Hemingway’s Code), when it is made to appear that he cannot obtain a fair trial in the court wherein the cause is pending because of the undue influence of the president and members of the county’s board of supervisors.</p> <p>3. Appeal and Error. Where evidence is not in record, it will he presumed to sustain the petition on which change of venue was granted.</p> <p>Where the evidence on which a change of venue was granted is not made a part of the record, the supreme court will presume, on appeal that it sustained the allegations of the petition on which the change was granted.</p> <p>i. Counties. Intention of parties to contract must be gathered from zvords of an order entered in the minutes of the board of supervisors.</p> <p>The intention of the parties to a contract evidenced by an order on the minutes of the board of supervisors must be gathered from the words therein used.</p> <p>5. Counties. What legal services were for which a claim was allowed must be determined alone from the account filed and the order of the supervisors.</p> <p>Where a claim of an attorney for legal services against a county is. presented to and allowed by its board of supervisors, what the services were for which payment was allowed must be determined alone fro