Jones v. Henderson
Tennessee Supreme Court
On the 9th of January, 1844, Attorney General D. H. Cummings, moved in the circuit court of Monroe county for a judgment against “Martin Henderson, Sheriff of Monroe, and Street Lane, R. R. Cloudis and J. J. Hum-phreys, his securities,” for the State revenue collected by the defendant as Sheriff for the year 1842. In this motion the name of William Burris, one of the defendant’s securities, was not recited.
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On the 9th of January, 1844, Attorney General D. H. Cummings, moved in the circuit court of Monroe county for a judgment against “Martin Henderson, Sheriff of Monroe, and Street Lane, R. R. Cloudis and J. J. Hum-phreys, his securities,” for the State revenue collected by the defendant as Sheriff for the year 1842. In this motion the name of William Burris, one of the defendant’s securities, was not recited. The defendant’s bond was read in evidence, in which it appears that Burris was one of his securities. Judgment was rendered against them all, together with damages at the rate of 12J per…
1Opinion of the Court
McKinney, Judge,
delivered an oral opinion in which it was held, that judgment was properly rendered in the first instance against the Sheriff and his securities ; that the omission of the name of Burris in the motion, which was probably an act of inadvertahce on the part1 of the clerk, would not exonerate them.
The judgment of the circuit judge was therefore reversed, and procedendo awarded.
See Chairman County Court &c., v. Sawyers v. Sureties, Infra. next case.
These statutes being in derogation of the common law are to he construed strictly, and the words of the statute “officer and his…
2Cited by19 opinions
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- Detrick v. Garretson Packing Co.Washington Supreme Court · 1968
- Lundgren v. KierenWashington Supreme Court · 1964
- Clements v. TerrellSupreme Court of Georgia · 1928
- Williams v. LobbanSupreme Court of Missouri · 1907
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