Pyland v. Town of Purvis

Citations

• 87 Miss. 433
• 40 So. 7

Syllabus

<p>1. Municipalities. Appeal from mwvleipal board. Code 1892, § 79. Remedy not ewchisive.</p> <p>Code 1892, § 79, providing for an appeal from the judgment of the mayor and board of aldermen of a municipality, does not make such appeal the exclusive remedy of the party aggrieved.</p> <p>2. Same. Suits against.</p> <p>The creditor of a municipality may sue it directly (Code 1892, § 2923) and is not required by Code 1892, § 79, to appeal from the judgment of its mayor and board of aldermen disallowing the claim.</p> <p>3. Same. Plea. Res adjudieata.</p> <p>The rejection of a claim against a municipality by its mayor and board of aldermen cannot be made the predicate of a plea of res adjudieata when the claim is sued upon in the courts.</p>