State ex rel. McLaurin v. McDaniel
Mississippi Supreme Court
From the circuit court of Jones county. Hon. John R. Enochs, Judge. The state, for the use of McLaurin, appellant, was the plaintiff in the court below. McDaniel, mayor. of the village of Sandersville, and the sureties on his official bond, appellees, were defendants there.
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From the circuit court of Jones county. Hon. John R. Enochs, Judge. The state, for the use of McLaurin, appellant, was the plaintiff in the court below. McDaniel, mayor. of the village of Sandersville, and the sureties on his official bond, appellees, were defendants there. The suit was upon the bond, and the plaintiffs’ declaration, after averring the appointment of the principal obligor to the office, his execution of the bond and qualification, charged that McDaniel had violated the condition of his bond in that he wrongfully caused plaintiff to be arrested, without a warrant, on a…
1Opinion of the CourtWhitfield, C. J.
On the authority of Bigham v. State, 59 Miss., 529, and Wilcox v. Williamson, 61 Miss., 310, the appellee, McDaniel, must be held liable. In Grove v. Van Duyn, given at length in 42 Am. Rep., 648-650, Chief Justice Beasley, speaking for the court, while declaring that “the jurisdictional test as the measure of judicial responsibility should be rejected,” yet said *4that the magistrate would be liable on another ground in a case like this, saying (page 650): “It would be no legal answer for the magistrate to assert that he had a general cognizance over criminal offenses, for the conclusive reply…
2Cases cited6 opinions
- Brown v. WeaverMississippi Supreme Court · 1898
- Clancy v. KenworthySupreme Court of Iowa · 1887
- Turner v. SissonMassachusetts Supreme Judicial Court · 1884
- Doswell v. Buchanan's ex'orsSupreme Court of Virginia · 1831
- Bigham v. StateMississippi Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Davis v. LittleMississippi Supreme Court · 1978
- Kitchens v. BarlowMississippi Supreme Court · 1964
- Lizana v. State ex rel. KellyMississippi Supreme Court · 1915
- McCarter v. City of FlorenceSupreme Court of Alabama · 1927
- State Ex Rel. Little v. United States Fidelity & Guar. Co.Mississippi Supreme Court · 1953
4 more not listed; retrieve them via the Exa API.