Legal Opinion

Howe v. State

Mississippi Supreme Court

Decided October 15, 1876PublishedCited by 19 opinions

Error to the Circuit Court of Panola County. Hon. Samuel Puwel, Judge. This was an action of covenant against A. R. Howe and his sureties, W. W. Howe, J. F. Simmons, and A. Warner, upon the official bond of said A. R. Howe, as former treasurer of Panola County, in the name of the State, for the use of the county.

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Error to the Circuit Court of Panola County. Hon. Samuel Puwel, Judge. This was an action of covenant against A. R. Howe and his sureties, W. W. Howe, J. F. Simmons, and A. Warner, upon the official bond of said A. R. Howe, as former treasurer of Panola County, in the name of the State, for the use of the county. The declaration, with which said bond was filed as an exhibit, averred that A. R. Howe, as treasurer of Panola County, during his term of office, between the 1st of January, 1870, and the 1st of January, 1872, received a large amount of money belonging to said county, known as the…

1Opinion of the CourtCampbell, J.

This is an action of covenant on the bond of A. R. Howe, as county treasurer of Panola County, to recover money illegally retained by him, and not delivered by him to his successor, at the expiration of his office. The defendants below pleaded performance of the condition of the bond sued on, and the Statute of Limitations of three years.. The latter plea was properly held bad on demurrer, and trial was had upon the issue joined on the plea of performance, and resulted in a verdict and judgment for the plaintiff below. On trial, the plaintiff, after reading in evidence the bond sued on,…

2Cited by19 opinions

  1. Harrison County v. City of GulfportMississippi Supreme Court · 1990
  2. Hill v. ThompsonMississippi Supreme Court · 1989
  3. American Oil Co. v. Marion CountyMississippi Supreme Court · 1939
  4. Mobile & Montgomery Railway Co. v. Steiner, McGehee &. Co.Supreme Court of Alabama · 1878
  5. Bridges v. Board of SupervisorsMississippi Supreme Court · 1881

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