Matthews v. Bailey
Mississippi Supreme Court
In error from the circuit court of Madison county; Hon. Robert C. Perry, judge. This case was brought into the court upon points of pleading and practice, and they are sufficiently set forth in the opinion of the court.
1Opinion of the CourtJustice Yerger
delivered the opinion of the court.'
The plaintiff in error brought an action of debt in the circuit court of Madison county, against the defendant, Hamblin, and his sureties, on the bond executed by him for the performance of his official duties as sheriff.
The declaration is in debt, without setting out the condition of the bond or assigning breaches. The defendant craved oyer of the bond, which was allowed; and the plaintiff assigns that as error. • The action of the court in granting oyer was very proper; and, in fact, it would have been erroneous to have refused it in this case. It -is…
2Cited by3 opinions
- George v. NorrisSupreme Court of Arkansas · 1861
- Marshall v. StewartMississippi Supreme Court · 1889
- James v. State ex rel. TaylorMississippi Supreme Court · 1873