Price

Mr. Justice Terry concurred.

The Court below non-suited the plaintiffs on the ground that they had mistaken their remedy, and should have proceeded by mandamus, instead of bringing an action of assumpsit against the county.

In arriving at this conclusion, the Court has resorted to a species of argumentation doubtless conclusive to itself, but perfectly unintelligible to us, as it defies all rules of logical analysis.

Counties are quasi corporations, and the power to sue and to be sued is given in general terms by “ an Act prescribing the manner of commencing and maintaining suits by or against counties, passed May 11, 1854."

By the 24th section of an Act creating a board of supervisors for the various counties of the State, it is provided that, “ no person shall sue a county in any case, or for any demand, unless he or she shall first *256 present bis or her claim or demand, to the board of supervisors, and if they fail or refuse to allow the same, or some part thereof, the party feeling aggrieved may sue the county.”

It would be impossible to employ language more apt in giving the remedy, and providing how the right shall be enforced, than that used in the section of the…