PEARL RIVER CTY. BD. v. SOUTH EAST COLLECTIONS, 55146.

• Decision Date: 31 October 1984
• Docket Number: No. 55146.,55146.
• Citation: 459 So.2d 785
• Parties: PEARL RIVER County Board of Supervisors, L.K. Sones, G.W. Moody, E.M. Clark, Glenn Dossett and Hollis O. Mitchell v. South East Collections Agency, Inc. d/b/a South East Collections.
• Court: Mississippi Supreme Court

459 So.2d 785

PEARL RIVER County Board of Supervisors, L.K. Sones, G.W. Moody, E.M. Clark, Glenn Dossett and Hollis O. Mitchell v. South East Collections Agency, Inc. d/b/a South East Collections.

No. 55146.

Supreme Court of Mississippi.

October 31, 1984.

James Lonnie Smith, Williams, Smith & Stockstill, Picayune, for appellants.

James R. Hayden, Hattiesburg, for appellee.

Before WALKER, P.J., and PRATHER and SULLIVAN, JJ.

WALKER, Presiding Justice, for the Court:

This is an appeal from the Circuit Court of Pearl River County, Mississippi, wherein the Court granted to plaintiff, South East Collections, judgment in the amount of $4,856.48. We reverse.

The plaintiff brought suit on a promissory note allegedly executed by Sam Bodie, deputy sheriff of the Pearl River County's sheriff's department, purporting to bind the sheriff's department and the County of Pearl River. The bill of complaint names as defendants, the Pearl River County Board of Supervisors, Sam Bodie and Willie Brown, a county prisoner.

The Board of Supervisors answered the complaint denying any liability premised on the note allegedly signed by Bodie.

Summary judgment on the complaint was granted upon motion of Sam Bodie dismissing the action against him. In response to the motion the Board of Supervisors again denied liability stating "Deputy Sam Bodie was not authorized to execute the alleged promissory note on behalf of the Board or individual members."

On motion for summary judgment brought under Rule 56 of the Mississippi Rules of Civil Procedure, the plaintiff alleged it was entitled to judgment against the Pearl River County Board of Supervisors stating:

That pursuant to Section 47-1-59 of the Mississippi Code of 1972, as amended, the Plaintiff is entitled to Summary Judgment against the Defendants herein, that being the Pearl River County Board of Supervisors, in the sum sued for.

WHEREFORE, the Plaintiff herein, South East Collections Agency, Inc., d/b/a South East Collections, prays for a Summary Judgment in its favor as to all of the relief sought by the Plaintiff in this action.

The plaintiff attempted to convert its cause of action by way of motion for summary judgment from a suit on a promissory note to one for relief under Mississippi Code Annotated section 47-1-59 (1972) which provides for payment of hospitalization of prisoners who through accident, injury or illness while in custody become in need of such care. Such a change, however, cannot be accomplished...