Harris v. State ex rel. Rankin County
Mississippi Supreme Court
Error to the Circuit Court of Rankin County. Hon. S. S. Cali-ioon, Judge, specially presiding, by exchange with Hon. A. G. Mayers. This action was brought in the name of the state, to the use-of the Board of Supervisors of Rankin County, against Martha. Shelton, administratrix of the estate of Henry E. Shelton,, deceased, formerly sheriff and tax-collector of that county, ancl his sureties on his bond as tax-collector.
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Error to the Circuit Court of Rankin County. Hon. S. S. Cali-ioon, Judge, specially presiding, by exchange with Hon. A. G. Mayers. This action was brought in the name of the state, to the use-of the Board of Supervisors of Rankin County, against Martha. Shelton, administratrix of the estate of Henry E. Shelton,, deceased, formerly sheriff and tax-collector of that county, ancl his sureties on his bond as tax-collector. Shelton was elected, in November, 1873, to the office of sheriff for the ensuing term,, commencing on January 1, 1874, but did not execute his bond, as tax-collector till…
1Opinion of the Court
Simrall, C. J.,
delivered the opinion of the court., The plaintiff in error contends that the bond' sued upon is-, invalid, because it was illegal to have executed it; second;, that it is without consideration, and, therefore, not binding.
It seems to have been 'conceded by the counsel for the ob*54ligors that the cases of Byrne v. The State, 50 Miss. 690, Taylor v. The State, 51 Miss. 79, and Cooper v. The State, 53 Miss. 625, either in principle or the reasoning', stand in the way of the positions asserted; but these cases are opposed, it is said, to the earlier decisions (McNutt, Gov., v.…
2Cases cited5 opinions
- State v. CooperMississippi Supreme Court · 1876
- French v. StateMississippi Supreme Court · 1876
- Taylor v. StateMississippi Supreme Court · 1875
- Tucker v. HartMississippi Supreme Court · 1852
- County of De Soto v. DicksonMississippi Supreme Court · 1857
3Cited by3 opinions
- State v. MatthewsMississippi Supreme Court · 1879
- State v. HarneyMississippi Supreme Court · 1880
- Henry v. State ex rel. CoodyMississippi Supreme Court · 1922