Weissinger v. Davis

Citations

• 112 Miss. 625
• 73 So. 617

Syllabus

<p>Counties. Officers. Liability for illegal acts. Who may sue.</p> <p>Under Code 1906, section 346, providing that if a board of supervisors shall appropriate any money to an object not authorized by law, the member of the board who did not vote against the appropriation shall be liable personally for such sum of money, to be recovered by suit in the name of the county, or in the name of any person who is a taxpayer who will sue for the use of the county, and who shall be liable, for cost, the tax-payer’s right is fixed by the statute and if the object of the appropriation was lawful the taxpayer’s suit must fail, and an averment in the declaration charging corruption will not confer upon such taxpayer a right to maintain the action.</p>