Dollar v. Allen-West Commission Co.

Mississippi Supreme Court
Dollar v. Allen-West Commission Co., 78 Miss. 274 (Miss. 1900)
Calhoon

Dollar v. Allen-West Commission Co.

Opinion of the Court

Calhoon, J.,

delivered the opinion of the court.

A county, if its board of supervisors object, cannot be garnisheed, either at law or in equity. If it does not object, the debtor cannot object. But in the case before us it did object,, *278and so Dollman v. Moore, 70 Miss., 267, s.c. 12 So., 23, 19 L. R. A., 222, has no application. The two cases are entirely disparata. While the matter is not jurisdictional, in the discretion of the court, so as to prevent decree where the board submits itself to the jurisdiction, the courts must always, in the nature of things, entertain and sustain its objection. The board, and not the court, is the judge of whether the proceedings will ‘ hamper or restrict it in the performance of public functions,” in the language of Justice Cooper.

Reversed, and bill dismissed.

Reference

Full Case Name
Hogan T. Dollar v. Allen-West Commission Company
Cited By
4 cases
Status
Published
Syllabus
1. Garnishment. County. Board of supervisors. A county, if its board of supervisors object, cannot be garnisheed, either at law or in equity. 2. Same. Debtor cannot obiect. If a county against whom a writ or g-avnishment has been issued does not, by its board of supervisors, object to the proceeding; the-debtor cannot do so. 3. Same. Jurisdiction. The courts have jurisdiction of a g-arnishment against a county, but must sustain an objection made by the board of supervisors, the-the board being the judge whether or not the proceeding will-restrict the performance of its public functions.