James v. State ex rel. Taylor
Mississippi Supreme Court
Error to the circuit court of Chickasaw county. Hon. W. D. BRADFORD, Judge. The facts of the case sufficiently appear in the opinion of the court. This suit is founded upon the bond of F. M. James, sheriff' of Chickasaw county, and is brought to recover for the use of A. H. Taylor, the amount of judgment in favor of B. T. Palmer v. W. M. C. Steele.
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Error to the circuit court of Chickasaw county. Hon. W. D. BRADFORD, Judge. The facts of the case sufficiently appear in the opinion of the court. This suit is founded upon the bond of F. M. James, sheriff' of Chickasaw county, and is brought to recover for the use of A. H. Taylor, the amount of judgment in favor of B. T. Palmer v. W. M. C. Steele. There is but one question which it is necessary for us to notice in this argument, or for the court to consider in making up its decision, and that is, was the court below warranted' in overruling the defendant’s demurrer to the plaintiff’s amended…
1Opinion of the CourtSi'MRALL, J.
Suit was brought by the State, as nominal plaintiff, for the use of Alonzo H. Taylor, against the sheriff and his sureties on his bond. The breaches are, substantially: that the real plaintiff, Taylor, was assignee of all the right, claim and interest of one Palmer, to an attachment suit in his favor, as plaintiff, against one Steele, upon which judgment was recovered, and the attached property subjected to the debt; money was levied upon by the sheriff, which was in his hands, which he has failed to pay over to Taylor. Another breach is, that he failed to return an execution.
The cuestión was…
2Cases cited1 opinion
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