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· 10/15/1917

Lamar County v. Tally

Citations

  • 116 Miss. 588
  • 77 So. 299

Syllabus

<p>1. Attorney and Client. Compensation. Compromise.</p> <p>Where the board of supervisors of a county contracted to pay attorney’s compensation only in the event that they successfully resisted the payment of certain county warrants and the circuit court in which the suit was brought to collect such warrants decided adversely to the county, and the board of supervisors of the county, over the objections of the attorneys who had taken an appeal, compromised the case. In such case the attorneys were not entitled to compensation, since the litigation did not terminate successfully for the county according to the terms of the contract with the attorneys.</p> <p>*2. Same.</p> <p>In such case the board of supervisors had the right to control the litigation and dismiss the'appeal and compromise the suit, if it deemed it advisable, and it must be assumed where the record is silent as to the matter, that the determination by the circuit court adverse to the county’s interest was correct.</p> <p>3. Counties. Contraéis. Validity.</p> <p>A county must act by order entered upon the minutes of its board of . supervisors, in reference to its contracts, and where a contract is made it can only be varied by an order entered upon the minutes of the board.</p> <p>4. Counties. Contracts. Board of supervisors.</p> <p>The board of supervisors being trustees of the public cannot divest itself of the right to control litigation against the county.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that because the act is to be construed liberally, “the state is embraced under the expression ‘any person’ ”
  • stating that because the act is to be construed liberally, \the state is embraced under the expression `any person'\
  • stating that because the act is to be construed liberally, “the state is embraced under the expression ‘any person’”
  • stating that the word \person\ in the Declaratory Judgment Act includes the state
  • stating that the word “person” in the Declaratory Judgment Act includes the state
  • State embraced under expression “any person”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ethridge, Holden, Stevens

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.