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· 10/15/1875

Taylor v. Marion County

Citations

  • 51 Miss. 731

Syllabus

<p>Claims against County : How collected. Appeal from, hoard of supervisors.</p> <p>Where a claim against a county is presented to the.board of supervisors for payment, and the board rejects and disallows it, the party aggrieved may take his bill of exceptions and remove the case to the circuit court, by appeal, to be reviewed and affirmed, or reversed upon the case as presented by the bill of exceptions. Code, 1871, § 1383. A party holding a claim against any county in this state may present it to the board of supervisors for allowance, and if they refuse to allow it, he may bring suit against the board in any court of competent jurisdiction, and if he recover judgment, the board shall issue a warrant for the same, or if they refuse, the property of the county shall be liable to pay the judgment. Code, 1871, § 1384. A party having a claim against a county has open to him two modes of prosecuting it. One under and pursuant to § 1383, and the other according to § 1384, with the privilege of a writ of error alike in both.</p>

Judges: Tarbell

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