Washington County v. Humphreys County

Citations

• 126 Miss. 480
• 89 So. 145

Syllabus

<p>Counties. In suit by county against another county assuming liability under legislative authority, held error to sustain demurrer to declaration; when county is sued on liability assumed by another county, it may in turn sue the other county.</p> <p>Where a county files suit against another county on an agreement that the defendant county was to assume all liability for road construction initiated by the plaintiff county where such agreement is authorized by law, or ratified by the legislature, it is error to sustain a -demurrer to the declaration on the theory that a person damaged by the laying out of a public road, initiated by the plaintiff county, should have brought the suit against the defendant county, arid not against the plaintiff county. -Where the invasion of the citizen’s property was initiated by the plaintiff county, the citizen may elect to sue it; and where he recovers judgment against the original trespassing county, it in turn may bring suit against the county assuming the liability on such agreement for the damage incurred by the construction of the road.</p>