State ex rel. Hinds County v. Morrison
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge. On tbe 8th of July, 1882, this action was brought in the name of the State, for the use of Hinds County, against Farrar Morrison and the sureties on his bond, as tax-collector of Hinds County during the years of 1880 and 1881, for certain alleged defalcations in not paying oyer to the county treasurer taxes collected by him for the county.
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Appeal from the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge. On tbe 8th of July, 1882, this action was brought in the name of the State, for the use of Hinds County, against Farrar Morrison and the sureties on his bond, as tax-collector of Hinds County during the years of 1880 and 1881, for certain alleged defalcations in not paying oyer to the county treasurer taxes collected by him for the county. His term of office expired with the thirty-first day of December, 1881. The defendants, excepting Morrison, filed several pleas to the plaintiff’s declaration, but it is only…
1Opinion of the CourtCampbell, C. J.
It was no answer to the plea of a former recovery on the-bond to reply that breaches of the bond, which had occurred before the institution of the former action, and should have been included in it, were not known to the plaintiff when the former action was brought. The rule precluding a subsequent recovery on an entii’e cause of action, part of which had béen the subject of a former suit, is quite independent of the knowledge of the plaintiff as to his rights, unless, perhaps, there has been a fraudulent concealment of the cause of action by the defendant. It is an inflexible rule founded in…
2Cases cited1 opinion
- Hanes v. Planters' Cotton-Press, Storage, & Transfer Ass'nMississippi Supreme Court · 1878
3Cited by4 opinions
- Williams v. Mid-South Paving Co.Mississippi Supreme Court · 1946
- Illinois Central Railroad v. WilbournMississippi Supreme Court · 1896
- Adams v. ConnerMississippi Supreme Court · 1895
- State v. BiasMississippi Supreme Court · 1888