Trowbridge v. Schmidt

Citations

• 82 Miss. 475

Syllabus

<p>1. Municipalities. Demands. Statutes of limitations. Code 1892, \\ 2755.</p> <p>When a claim against a municipality becomes barred by the statute of limitations, it ceases to be a debt, under Code 1892, § 2755, providing that the completion of the period of limitation shall defeat and extinguish the right as well as the remedy, although by said statute it is further provided that the former legal obligation shall be a sufficient consideration to uphold a new proniise based thereon.</p> <p>2. Same. Duty of mu/nieiyal authorities.</p> <p>It is the duty of municipal authorities to avail of the statutes of limitations as a defense to demands on the municipal treasury.</p> <p>3. Same. Allowance of barred claim. Warrant. Mandamus.</p> <p>The allowance by municipal authorities of a demand which is clearly barred by limitation is without consideration and ultra vires, and mandamus will not lie to enforce the issuance of a warrant or to complete an imperfect one, on such an allowance.</p>