Robertson v. Monroe County

Citations

• 118 Miss. 541
• 79 So. 187

Syllabus

<p>1. Municipal Corporations. Suit by state revenue agent.</p> <p>The state revenue agent is empowered under Code 1906, sections 4738-4739 (Hemingway’s Code, sections 7056-7057) to sue a county for the use and benefit of a city.</p> <p>2. Equity. Multifariousness. Statute.</p> <p>Under Code 1906, section 598 (Hemingway’s Code, section 358), relating to the joinder of matters of equity, and multifariousness, a bill by the state revenue agent for the use of several cities against a county to recover a certain share of ad valorem taxes, the causes of action in each ease growing out of the same act of the county, was not an improper joinder of causes of action and such a bill was not subject to demurrer for multifariousness.</p> <p>3. Municipal Corporations. Suit by revenue agent in name of city.</p> <p>The fact that a city may prosecute a certain suit in its own name is no objection to a suit by the state revenue agent who is expressly authorized to bring such suit for the use of the city.</p> <p>4. Abatement and Revival. Pendency of suit.</p> <p>The various statutes of this state frequently confer power upon several different officers to bring the suit, and in such case the one first bringing the suit has the right to prosecute such suit and if the second party should bring suit while the first is pending, the pendency of the first suit could be pleaded in answer to such second suit.</p> <p>5. Pleadings. Matters within knowledge of defendants.</p> <p>Where the state revenue agent in his bill charged that a county levied ad valorem, taxes, that a city was entitled to one-half of it, and that the municipality worked its streets at the expense of the municipal treasury, such allegations were sufficient pleadings to charge a system of road working under which the county was operating, without specifying the particular sections or chapters under which it was operating, since the defendant county must know of necessity what system of road working was in force, and could not