Mallory v. Miller

Opinion of the court delivered by

Judge Peck.

Miller, the trustee of Stuart county, at May term 1822, on mo*114tion to the county court, recovered judgment against Mallory, (and his securities,) as Sheriff and Collector of the taxes of Stuart county, for the taxes of 1820, collected by him and not accounted for.

Cook for the plaintiff in error. W. L. Brown for the defendant.

The bond on which the motion was founded, was made payable to said Miller as trustee of the county of Stuart, when by the act of 1801, ch. 12, it should have been made payable to the Governor for the time being.

Several points…