Marshal v. Hamilton
Mississippi Supreme Court
Error to the Circuit Court of Carroll county. Hon. ¥m. Cothran, judge. contended that the bond sued oil was not a part of the record or declaration for want of proferí and oyer, and not being marked filed; that the bill single and the fragment of proceedings on it in the Circuit Court, although made exhibits to the declaration, do not thereby become parts of it or of the record / that the general demurrer should hdve been overruled as to the second and third pleas, because…
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Error to the Circuit Court of Carroll county. Hon. ¥m. Cothran, judge. contended that the bond sued oil was not a part of the record or declaration for want of proferí and oyer, and not being marked filed; that the bill single and the fragment of proceedings on it in the Circuit Court, although made exhibits to the declaration, do not thereby become parts of it or of the record / that the general demurrer should hdve been overruled as to the second and third pleas, because the bond sued on, not having been approved and the trustees not having taken the oath of office, is not an official bond…
1Opinion of the CourtEllett, J.
This was an action brought by the defendant in error as president of the board of police of Carroll county, against the *232plaintiffs in error, and founded upon a bond given by defendants, as trustees of schools of one of the townships in said county, payable to said Marshall, as president of said board of police, and dated August 14, 1854. The bond recites that the obligors, on the 24th day of June, 1854, were duly elected trustees of the school fund, by the qualified electors of the township, and is conditioned for the faithful discharge according to law of the duties pertaining to said office…
2Cited by13 opinions
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