Mississippi Live Stock Sanitary Board v. Williams

Citations

• 133 Miss. 98
• 97 So. 523
• 1923 Miss. LEXIS 118

Syllabus

<p>States. Power of state hoards to sue statutory; state live stoclc sanitary hoard can only sue hy officers designated hy statute.</p> <p>The powers of state hoards or subdivisions of the state, or a state agency, to sue and he sued, are governed by statute, and such powers must he conferred hy law to exist, and the statutes made in such cases are the measure of the power. Under section 5, chapter 167, Laws of 1916, providing that “said board may require the county prosecuting attorney or district attorney in this state to institute suits, civil or criminal, for the purpose of carrying out the purposes of this act, and any person or officer charged with any duty under this act may be compelled to perform the same by mandamus, injunction or any other appropriate remedy,” only authorizes suits which are instituted by the named officers, and the live stock sanitary board cannot sue in its own name, without the act of one of these officers.</p>