Walton v. Colmer

W.M. Colmer, district attorney of the circuit court district in which Stone county is a part, brought suit against the appellants, who constitute the board of supervisors of said county, and the United States Fidelity Guaranty Company, surety on their official bonds, for the recovery of county funds placed in a certain bank which had been selected by the board of supervisors as a county depository, but which had never qualified by furnishing security for said funds and having a commission issued to it.

The board of supervisors passed an order selecting such depository, and, notwithstanding the…