State ex rel. Panola County v. Oliver
Mississippi Supreme Court
From the circuit court, second district of Panola county. Hon. Z. M. Stephens, Judge. The state, suing for the use of Panola county, appellant, was the plaintiff in the court below; Oliver, and others, appellees, were defendants there. The suit was upon the bond of one J. B. Wynne, deceased, who in his lifetime was the county convict contractor of Panola county, and the defendants were the sureties on his bond as such contractor and the administrator of his estate.
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From the circuit court, second district of Panola county. Hon. Z. M. Stephens, Judge. The state, suing for the use of Panola county, appellant, was the plaintiff in the court below; Oliver, and others, appellees, were defendants there. The suit was upon the bond of one J. B. Wynne, deceased, who in his lifetime was the county convict contractor of Panola county, and the defendants were the sureties on his bond as such contractor and the administrator of his estate. Wynne became convict contractor on the fir.st of February, 1897, and died May 28, 1897. Had he lived'his contract would not have…
1Opinion of the CourtCaliioon, J.
The receipts of a county convict contradtor given to the sheriff were competent evidence of whatever they showed on their faces, and prima facie evidence that what there appeared was true, and it was error hot to so hold. It was also error to *10hold that the book of entries of the clerk of the Board of Supervisors of duplicates of these receipts was inadmissible. Laws 1894, p. 67, sections 29 and 30; Code, § 1791.
Neither is conclusive, but either is prima facie evidence and enough to throw the burden on the contractor to show mistake by resort to the original judgments.
Under the acts of 1894,…
2Cases cited1 opinion
- State v. BanksMississippi Supreme Court · 1889