Lewis v. Head

GARDNER, Justice.

Appellant moved for a summary judgment against defendant Head, former judge of probate of Shelby County, and the Fidelity and Deposit Company, as surety on his official bond (section 10226 et seq., Code of 1923), to recover the sum of $574.69, which he had paid to said Head as judge of probate for the redemption of land sold for taxes, and bought in by the State. Sections 3110 and 3115, Code of 1923. The motion for summary judgment is based upon the theory that although the proper amount was paid Head, as judge of probate, he went out of office without issuing to movant a…