Board of Supervisors v. Alford
Mississippi Supreme Court
Appeal from the Chancery Court of Lauderdale County. Hon. Sylvanus Evans, Chancellor. In 1883, W. F. Alford was elected treasurer of Lauderdalecounty for the ’years 1884 and 1885. On the first Monday of January, 1884, he qualified and executed his official bond as treasurer. One L. K. Latham was employed by Alford as his-agent to receive and disburse the finds of the county during this term.
Read the full summary
Appeal from the Chancery Court of Lauderdale County. Hon. Sylvanus Evans, Chancellor. In 1883, W. F. Alford was elected treasurer of Lauderdalecounty for the ’years 1884 and 1885. On the first Monday of January, 1884, he qualified and executed his official bond as treasurer. One L. K. Latham was employed by Alford as his-agent to receive and disburse the finds of the county during this term. At the close of the term Latham failed to account to Alford for the moneys received to the amount of $6,441.97^ Thereupon, on Jan. 12, 1886, Latham, with L. A. Ragsdale as surety, executed his prommissory…
1Opinion of the CourtCampbell, J.
Had the bill been so drawn as to show that the facts are unknown as to which set of sureties are liable, the jurisdiction of ■chancery would have been undoubted.
Gay v. Edwards, 30 Miss. 218 ; Tate v. De Soto, 51 Miss. 588.
But the criticism is a just one, that the only uncertainty alleged is as to the law upon the facts stated, and, if this was a recognized ground for the interposition of a court of equity, there would scarcely be a need for courts of law.
On the facts stated our present view is, that there is no liability on the first bond, not because Alford was represented by another in…
2Cases cited4 opinions
- McWilliams v. PhillipsMississippi Supreme Court · 1875
- Gay v. A. Edwards & Co.Mississippi Supreme Court · 1855
- Board of Supervisors v. Board of SupervisorsMississippi Supreme Court · 1875
- Newsom v. ThighenMississippi Supreme Court · 1855
3Cited by4 opinions
- Sovereign Camp Woodmen of the World v. WoodMissouri Court of Appeals · 1903
- American Nat. Ins. Co. v. United States Fidelity & G. Co.Mississippi Supreme Court · 1968
- Little v. St. Louis Union Trust Co.Supreme Court of Missouri · 1906
- Fidelity & Deposit Co. v. Wilkinson CountyMississippi Supreme Court · 1914