Legal Opinion

State v. Harney

Mississippi Supreme Court

Decided April 15, 1880PublishedCited by 6 opinions

Whits of error to tbe Circuit Court of Hinds County. Hon. S. S. CalhooN, Judge. These suits, upon the same bond, one for State and the other for county taxes, were conducted in the lower court and submitted in the Supreme Court together. 1. Former decisions of this court erroneously hold that Code 1857, p. 71, art. 5, requiring a tax collector’s bond, is repealed by Code 1871, § 8. Although there are as many provisions in the latter as in the former Code, as to the duties of…

Read the full summary

Whits of error to tbe Circuit Court of Hinds County. Hon. S. S. CalhooN, Judge. These suits, upon the same bond, one for State and the other for county taxes, were conducted in the lower court and submitted in the Supreme Court together. 1. Former decisions of this court erroneously hold that Code 1857, p. 71, art. 5, requiring a tax collector’s bond, is repealed by Code 1871, § 8. Although there are as many provisions in the latter as in the former Code, as to the duties of the tax collector and suits on his bond, and, although Code 1871, § 1372, requires a copy of the assessment roll to be…

1Opinion of the CourtGeorge, C. J.

At the general election, in November, 1873, W. H. Har-ney was elected sheriff of Hinds County for the constitutional term commencing on the first Monday in January, 1874. He executed an official bond as sheriff, as required by law, and afterwards, on January 28,- 1874, executed, or attempted to execute, a bond as tax collector, which was accepted and approved by the chancery clerk of the county. This is an action on this last bond against Harney and his sureties for a balance of unpaid taxes due the State collected by Harney during his term of office. The pleadings are very confused and…

2Cases cited6 opinions

  1. United States v. TingeySupreme Court of the United States · 1831
  2. French v. State ex rel. FeldingMississippi Supreme Court · 1876
  3. James v. State ex rel. DossMississippi Supreme Court · 1877
  4. Byrne v. StateMississippi Supreme Court · 1874
  5. French v. StateMississippi Supreme Court · 1876

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Adams v. WilliamsMississippi Supreme Court · 1910
  2. Hines v. Board of CommissionersIndiana Supreme Court · 1884
  3. Adams v. SaundersMississippi Supreme Court · 1906
  4. Ahsmuhs v. BowyerSupreme Court of Oklahoma · 1913
  5. State v. FeltonMississippi Supreme Court · 1882

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API