Marion County v. Woulard
Mississippi Supreme Court
Marion County v. Woulard, 77 Miss. 343 (Miss. 1899)
Ield, Whith
Marion County v. Woulard
Opinion of the Court
delivered the opinion of the court.
There is not á hint in the record that this claim against the .county was ever presented to the board of supervisors for allowance. Such presentation is a condition precedent to the right to sue. Code of 1892, §§ 79, 320, and especially § 292, and authorities thereunder.
Nor was there any contract made on the minutes of the board. Bridges v. Supervisors, 58 Miss., 817. Nor was there on the said minutes any order “establishing local quarantine,” nor any prescribing “reasonable rules and regulations” to “enforce” the same, as contemplated by § 2278, code of 1892.
Reversed and remanded.
Reference
- Full Case Name
- Marion County v. Edward A. Woulard
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- 1. County. Claim against same. Presentation to supervisors. Code 1892, §§292, 320. A claim against a county is not enforceable by suit until it bas been presented to tbe board of supervisors for allowance. 2. Same. Contract for services. Qurantine guard. Code 1892, § 2278. A claim against a county for services as a quarantine' guard is not maintable by suit unless the contract for such services is manifested on the minutes of the board of supervisors, nor when such minutes disclose no order establishing quarantine, nor prescribing reasonable rules and regulations for the enforcement of the same. Supervisors v. Clay, 58 Miss., 817, cited.