Legal Opinion

McCrosky v. Riggs

Mississippi Supreme Court

Decided January 15, 1847PublishedCited by 2 opinions

On appeal from the circuit court of Marshall county; Hon. Hugh R. Miller, judge. A motion was made in the court below, by Romulus Riggs and others, against Levi McCrosky, Byrd Hill, Alfred Simpson, Robert C. McEwen, James C. Alderson, and Henry Anderson, the former as sheriff, and the latter as his sureties, on his official bond, which bore date March, 1841, for money collected by the sheriff.

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On appeal from the circuit court of Marshall county; Hon. Hugh R. Miller, judge. A motion was made in the court below, by Romulus Riggs and others, against Levi McCrosky, Byrd Hill, Alfred Simpson, Robert C. McEwen, James C. Alderson, and Henry Anderson, the former as sheriff, and the latter as his sureties, on his official bond, which bore date March, 1841, for money collected by the sheriff. The latter filed a plea in bar of the motion, stating in substance that the sheriff, McCrosky, was elected sheriff of Marshall county, at the general election in November, 1839; that he gave bond in the…

1Opinion of the CourtChief Justice Sharkey

This was a motion made in the circuit court against McCrosky as sheriff, and the other plaintiffs in error, on his official bond. The only point for determination arises out of a demurrer to a plea in bar of the motion, the substance of which is, that McCrosky had been elected sheriff at a general election, and had given bond as the law required; that his sureties became dissatisfied, and applied to the probate court to require him to give new bond with other sureties, which he was ordered to do, and gave the bond on which the motion was founded. The sureties now contend that they are not…

2Cases cited1 opinion

  1. United States v. TingeySupreme Court of the United States · 1831

3Cited by2 opinions

  1. New Amsterdam Casualty Co. v. WoodMississippi Supreme Court · 1952
  2. Town of Ashkum v. LakeAppellate Court of Illinois · 1882

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