Hall v. State ex rel. Lafayette County
Mississippi Supreme Court
From the chancery court of Lafayette county. Hon. B. T. Kimbrough, Chancellor. J. M. Hall was the treasurer of Lafayette county for two terms — 1884 to 1888. For each term he executed a general bond, conforming to the requirements of § 367, code of 1880. No additional bond for the security of the school-fund, as required by § 726 of the code, was required or given for either term.
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From the chancery court of Lafayette county. Hon. B. T. Kimbrough, Chancellor. J. M. Hall was the treasurer of Lafayette county for two terms — 1884 to 1888. For each term he executed a general bond, conforming to the requirements of § 367, code of 1880. No additional bond for the security of the school-fund, as required by § 726 of the code, was required or given for either term. Neither the board of supervisors, nor the clerk, nor any of the parties, knew that a separate bond for the security of the school-fund was required. The bond for the first term was in the penalty of $55,000, and for…
1Opinion of the CourtCampbell, C. J.
The general bond of a county treasurer, given under § 367 of the code of 1880, is not a security for school-funds which *539come into his hands, because an additional bond is required for school-moneys. Therefore, when nothing occurs except the giving of the general bond, presumably, they who sign it do it with reference to the additional bond required, and intending to bind themselves only for moneys other than school-funds. But if the general bond given should be so worded as to include, in terms, school-money, the obligors would be bound for such money, for the requirement by statute of “ an…
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