Mississippi Centennial Exposition Co. v. Luderbach

Citations

• 123 Miss. 828
• 86 So. 517

Syllabus

<p>1. Constitutional Law. Statute construed not to impair obligations of contracts of counties and municipal donations.</p> <p>Chapter 241, Laws of 1918, authorizing certain suits against the Mississippi Centennial Exposition Company, is not unconstitutional because of the impairment of the obligation of contract as applied to donation funds by counties and municipalities for certain purposes as authorized by chapter 113, Laws of 1916.</p> <p>2. States. Act construed not to authorize suit against Mississippi Centennial Exposition Company for breach of contract, but only suit for material contracted for or furnished.</p> <p>Suits against the state and its governmental agencies cannot be maintained unless authorized by an act of the Legislature, and chapter 241, Laws of 1918, does not authorize a suit against the Mississippi Centennial Exposition Company for a breach of contract. A suit can only be instituted under that act for material contracted for by, or furnished to, such company. It does not authorize suits for any other class of demands.</p> <p>3. Pleading. Demurrer to vlea relates hack to declaration if that is demxirrahle.</p> <p>Where a declaration is filed that does not state a cause of action, and a plea is filed thereto by the defendant, and where such plea is demurred to by the plaintiffs, such demurrer will relate back to the declaration and challenge its validity, and should be sustained as relating to the declaration.</p>