Paxton v. Baum
Mississippi Supreme Court
Appeal from the Circuit Court of Warren County. Hon. Upton M. Young, Judge. Citizens and tax payers of Warren County brought suit for the use of the county against A. H. Arthur, supervisor for the first district, and J. F. Baum and others, sureties upon his official bond, given under the Act of April 4,1876, and alleged, as breaches of the bond, that the board of supervisors had made forty-seven illegal appropriations almost exclusively as to roads, ferries and bridges…
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Appeal from the Circuit Court of Warren County. Hon. Upton M. Young, Judge. Citizens and tax payers of Warren County brought suit for the use of the county against A. H. Arthur, supervisor for the first district, and J. F. Baum and others, sureties upon his official bond, given under the Act of April 4,1876, and alleged, as breaches of the bond, that the board of supervisors had made forty-seven illegal appropriations almost exclusively as to roads, ferries and bridges during his membership, which were specified in detail, as for instance : Said board appropriated (1) to G-. M. Haszinger the…
1Opinion of the CourtCampbell, J.
The act approved April 4, 1876 (Acts 1876, p. 46), requiring members of the board of supervisors to give bonds, intended to furnish a security to the public for the faithful performance of duty in the important matters confided to them ; and as § 1386 of the Code of 1871 made them personally liable for money appropriated to any object not authorized by law, and authorized suit to be brought therefor, for the use of the county, by any tax payer, such suit was authorized to be instituted on the bond required as a security for the responsibility of the principal obligor.
The jurisdiction over…
2Cases cited1 opinion
- Board of Supervisors v. ArrighiMississippi Supreme Court · 1877
3Cited by39 opinions
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- National Surety Co. v. MillerMississippi Supreme Court · 1929
- Golding, State Auditor v. SALTERMississippi Supreme Court · 1958
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