McNutt Ex Rel. Leggett, Smith, & Lawrence v. Bland
Supreme Court of the United States
This case WasbrQught up by writ of error from tbe Circuit Coprt of the United States for the Southern District of Mississippi.
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This case WasbrQught up by writ of error from tbe Circuit Coprt of the United States for the Southern District of Mississippi. It was a suit upon a sheriff’s bond, given by Bland, sheriff of Claiborne county, dated 10th November, 1837, and in the penalty of $15,000. At the May term, 1837, of the Circuit Court of the United States for the Southern District of Mississippi, Leggett, Smith, and Lawrence, citizens of New- York, instituted a suit against George W. McNider, a- citizen of Mississippi, and in November following obtained a judgment for .$3910 78. On the 30th December, 1837, Leggett,'…
1Opinion of the CourtJustice Baldwin
As the judgment- below was rendered on a general demurrer, it is necessary to ascertain in what part of the pleadings the first demurrable- defect occurred, which the defendant here alleges was in the declaration, inasmuch as it appears that the plaintiffs and defendants were citizens of Mississippi, and consequently the court below had not. jurisdiction of the case.
By the law of that state, How. and Hut. 290, 291, all sheriffs must give a bond to the governor of the state for the time being, and his successors, conditioned for the faithful performance of .the duties of his office; which bond…
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