· 10/15/1902

Young v. Leflore County

Citations

  • 81 Miss. 466

Syllabus

<p>1. Counties. Board of supervisors. Public Works. Inspection and acceptance. Code 1892, 342. Mandamus.</p> <p>One who contracts with a county for public work cannot, after completing the work, although his claim exceeds $200, mandamus the board of supervisors to have the work inspected and approved, under code 1892, $ 342,.providing that the board shall not make, payment for a public work where the contract price exceeds $200, without first having the same inspected and accepted by at least two members of the board of other districts than the one in which the work is done, appointed by the board as a committee for that purpose, and having the certificate of the committee, under oath, filed and entered on the minutes.</p> <p>2. Same.</p> <p>Said section of the code (code 1892, $ 342) is alone for the security of the county, and does not affect the right of contractors for public works.</p> <p>3. Same. Code 1892, 292. Creditor’s right to sue.</p> <p>Code 1892, g 292, so providing, gives a creditor of a county a right of suit upon the presentation of his claim for allowance to the board of supervisors, and the refusal of the board to allow the same, and it is unnecessary for a creditor having a claim for public work performed to see that the board has taken proper steps, under code 1892, § 342, to authorize it to make payment.</p>

Judges: Terral

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