Whyte v. Mills
Mississippi Supreme Court
Appeal from the Circuit Court of Attala County. IIoN. C. H. Cahpbell, Judge. In 1883- J. P. Mills was the clerk of the chancery court and Board of Supervisors of Attala County,, and W. T. Davis was his deputy clerk and had full charge and control of the office. Davis issued a series of nine false and fraudulent warrants against the county treasurer, aggregating one hundred and fifty-nine dollars.
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Appeal from the Circuit Court of Attala County. IIoN. C. H. Cahpbell, Judge. In 1883- J. P. Mills was the clerk of the chancery court and Board of Supervisors of Attala County,, and W. T. Davis was his deputy clerk and had full charge and control of the office. Davis issued a series of nine false and fraudulent warrants against the county treasurer, aggregating one hundred and fifty-nine dollars. These warrants were issued in the usual form, on the usual blanks, and contained all necessary recitals to make them valid on their face. To these warrants he signed the name of J. P. Mills, chancery…
1Opinion of the CourtCoopee, C. J.
The court properly instructed the jury to find for the defendant. The answer to all the propositions advanced by the appellant is that Davis, the deputy clerk, was not engaged in doing any act for his principal in issuing the forged warrants, but was engaged in an unlawful scheme of his own, in the consummation of which he forged the name of the clerk and unlawfully affixed to the war*161rants the seal of the court, of which the clerk was the custodian. If Davis in the performance of any official act had failed to properly perform it, either by omitting to do something which the law required to…
2Cited by3 opinions
- Lewis v. State ex rel. Noxubee CountyMississippi Supreme Court · 1888
- Board of County Commissioners v. SullivanSupreme Court of Minnesota · 1903
- Myers v. ColquittCourt of Appeals of Texas · 1914