McGraw v. Board of Sup'rs of Winston County

Citations

• 125 Miss. 420
• 87 So. 897

Syllabus

<p>1. Highways. Balance' due contractor not subject to lien under statute by filing claim with board of supervisors.</p> <p>The public roads and property of a county are not subject to the lien created under section 3074, Code of 1906 (Hemingway’s Oode. section 2484), in favor of laborers and subcontractors, and by filing with the board of supervisors a notice, claiming a lien on the balance in the hands of the county authorities to the credit of the principal contractor of such roads, a subcontractor can acquire no lien on such balance.</p> <p>2. Highways. Mandamus. Adjudicated balance due road contractor assignable; assignee of road contractor may compel issuance of warrant for balance on contract.</p> <p>When a contractor has construed public roads in a county or sub-divisiori thereof, and such roads have been completed and accepted, and the balance due such contractor for the construction of the roads has been finally adjudicated by the board of supervisors, and there only remains the duty of ordering the issuance of a warrant for this balance, the contractor may assign this balance due to him, and the assignee thereof may maintain mandamus to compel the board of supervisors to issue to him a warrant for the balance so assigned.</p>