State v. Banks
Mississippi Supreme Court
From the circuit court of Lowndes county. Hon. Lock E. Houston, Judge. The opinion of the court contains a statement of the case. 1, The law required the county contractor to settle with the clerk of the board of supervisors, who is county auditor, and obtain his receipt warrant, to pay the amount due by him into the county treasury, aud he is to pay the money accordingly. On doing this he is entitled to credit. In no other way can he get it.
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From the circuit court of Lowndes county. Hon. Lock E. Houston, Judge. The opinion of the court contains a statement of the case. 1, The law required the county contractor to settle with the clerk of the board of supervisors, who is county auditor, and obtain his receipt warrant, to pay the amount due by him into the county treasury, aud he is to pay the money accordingly. On doing this he is entitled to credit. In no other way can he get it. Code 1880, §§ 3158, 3161. This is a wise provision. It prevents, speculation and holds the officer to a prompt and strict account. The plea of payment…
1Opinion of the CourtCooper, J.
This is a suit brought by the state for the use of Noxubee county against the contractor for county prisoners, B. W. Banks, and the sureties upon his official bond. The declaration, after setting out the bond upon which suit is brought, assigns as breach thereof that certain prisoners, whose fines and costs adjudged against them amounted in the aggregate to the sum of two thousand eight hundred and eighteen dollars and sixty-five cents, were delivered by the proper officers to the contractor, who thereby became liable to pay to said county said sum, but that he has only paid the sum of one…
2Cases cited1 opinion
- Board of Supervisors v. City of BrookhavenMississippi Supreme Court · 1875
3Cited by2 opinions
- Shelton v. Blount CountySupreme Court of Alabama · 1919
- State ex rel. Panola County v. OliverMississippi Supreme Court · 1900