Mississippi Code
Miss. Code Ann. § 11-45-17 (2026)
County may sue and be sued
✓ current as of July 2026
Any county may sue and be sued by its name, and suits against the county shall be instituted in any court having jurisdiction of the amount sitting at the county site; but suit shall not be brought by the county without the authority of the board of supervisors, except as otherwise provided by law.
Codes, 1857, ch. 59, art. 34; 1871, § 1384; 1880, § 2175; 1892, § 290; 1906 § 309; Hemingway's 1917, § 3682; 1930, § 270; 1942, § 2955.
Notes of Decisions
Cited in 15
cases (1 in the last 5 years), 1975–2023 · leading case: Harrison Cnty. v. City of Gulfport, 557 So. 2d 780 (Miss. 1990).
Harrison Cnty. v. City of Gulfport, 557 So. 2d 780 (Miss. 1990). “In Miss. Code Ann. § 11-45-17 (1972), the legislature has enacted that Any county may sue and be sued by its name, and suits against the county shall be instituted in any court having jurisdiction of the amount sitting at the county site; but suit shall not be brought by the…”
Boston v. Hartford Acc. & Indem. Co., 822 So. 2d 239 (Miss. 2002). “This statute was carried forward unchanged into subsequent codes and exists today as Miss.Code Ann. § 11-45-17. It states: Any county may sue and be sued by its name, and suits against the county shall be instituted in any court having jurisdiction of the amount sitting at the…”
State v. Quitman Cnty., 807 So. 2d 401 (Miss. 2001). “A county may sue and be sued pursuant to Miss.Code Ann. § 11-45-17 (1972). Also, a suit may be brought "in the name of a county, where only part of the county or its inhabitants are concerned, and where there is a public right to be vindicated.”
State v. Hinds Cnty. Bd. of Sup'rs, 635 So. 2d 839 (Miss. 1994). “The Court pointed out that Miss. Code Ann. § 11-45-17 provided that counties may bring suit when properly authorized by the Board of Supervisors.”
Frisby v. City of Gulfport, 113 So. 3d 565 (Miss. 2013). “” Miss. Code Ann. § 11-45-17 (Rev.2002). Further, a county can bring a suit “where only a part of the county or of its inhabitants are concerned, and where there is a public right of such part to be vindicated.”
Quinn v. Est. of Jones, 818 So. 2d 1148 (Miss. 2002). “Miss.Code Ann. § 11-45-17 (1972) says that a county may be sued in any court sitting at the county site, provided jurisdictional amounts are met.”
Est. of Jones v. Quinn, 716 So. 2d 624 (Miss. 1998). “" Miss. Code Ann. § 11-45-17 (1972). A complaint against Simpson County, therefore, would be properly filed in Simpson County.”
Prichard v. Cleveland, 314 So. 2d 729 (Miss. 1975). “Although it seems to me to be a close question, I concede for the purpose of this dissenting opinion that there was no lawful authority to lease a part of the hospital for a physician's private office.”
Berry v. Hinds Cnty., 344 So. 2d 146 (Miss. 1977). “This law has spawned prolific and, at times it seems, unlimited litigation.”
Rankin Cnty., Mississippi v. Boardwalk Pipeline Partners, L.P. & Gulf South Pipeline Co., LLC (Miss. 2023). “We hold that, under the venue provisions of Mississippi Code Section 11-45-17 and this Court’s consistent construction of these statutory provisions as mandatory and controlling, venue is proper only in Rankin County.”
Louise Boston v. Hartford Accident & Indem. Co. (Miss. 2000). “This statute was carried forward unchanged into subsequent codes and exists today as Miss. Code Ann. § 11-45-17 . It states: Any county may sue and be sued by its name, and suits against the county shall be instituted in any court having jurisdiction of the amount sitting at the…”
Hallal v. Hopkins, 947 F. Supp. 978 (S.D. Miss. 1995). “To accomplish this, say defendants, Mary Hallal could have sued Madison County, Mississippi, under Miss.Code Ann. § 11-45-17 (1972) 10 and recovered damages under § 25-1-47 (1972), 11 as amended, which provides that municipalities (local governments) may defend against claims,…”
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