State v. Matthews
Mississippi Supreme Court
Error to tbe Circuit Court of Lincoln County. Hon. J. B. ChrismaN, Judge. This was an action on the sheriff’s bond, for his default for the taxes of 1872, against J. P. Matthews, R. W. Millsaps, and Jas. A. Hosldns, his sureties.
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Error to tbe Circuit Court of Lincoln County. Hon. J. B. ChrismaN, Judge. This was an action on the sheriff’s bond, for his default for the taxes of 1872, against J. P. Matthews, R. W. Millsaps, and Jas. A. Hosldns, his sureties. The declaration alleged that John D. Moore, now a non-resident, was elected sheriff of Lincoln County, and on Dec. 80, 1871, executed the bond, jointly with Millsaps, Hoskins, M. Lowenthall, and J. W. Burnett, each of the last two placing opposite his name $2,000; that this bond, which was conditioned for the faithful performance of “all the duties of the office of…
1Opinion of the CourtCampbell, J.
Under the Code of 1871, the sheriff was ex officio tax collector within his county. He was required by § 219 to execute a bond, conditioned as prescribed, and he was not required to execute a bond for the performance of his duties as tax collector. French v. State, 52 Miss. 759. It follows that the bond given by a sheriff was a security for the faithful discharge of all the duties pertaining to such office. Although this may not have been the understanding of the obligors, it was the legal scope of the bond required of sheriffs. As the sheriff’s bond was a security for his duties as tax…
2Cases cited2 opinions
- French v. StateMississippi Supreme Court · 1876
- Harris v. State ex rel. Rankin CountyMississippi Supreme Court · 1877
3Cited by7 opinions
- City of Milwaukee v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1911
- Faust v. MurphyMississippi Supreme Court · 1893
- State v. FeltonMississippi Supreme Court · 1882
- Bennett v. State ex rel. Lincoln CountyMississippi Supreme Court · 1880
- Henry v. State ex rel. CoodyMississippi Supreme Court · 1922
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