Lewis v. State ex rel. Noxubee County
Mississippi Supreme Court
Appeal from the Circuit Court of Noxubee County. Hon. W. M. Rogers, Judge. The case is stated in the opinion of the Court. There was error in rendering judgment in this case when •defendant’s plea of non-joinder was unanswered and undisposed of.
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Appeal from the Circuit Court of Noxubee County. Hon. W. M. Rogers, Judge. The case is stated in the opinion of the Court. There was error in rendering judgment in this case when •defendant’s plea of non-joinder was unanswered and undisposed of. Griggs was a party to the bond and ought to have been sued, but irrespective of whether he is or not, our plea of non-joinder was in and called for an answer or replication and in default of issue being made upon this plea, the judgment is erroneous. The statute of Jeofails does not cure a total omission to plead. Hogue v. Lewellen, 42 Miss., 302.…
1Opinion of the CourtArnold, C. J.
Suit was brought in this cause in the name of the State for the use of Noxubee County against W. B>. Bracey, circuit clerk of the county, and the surities on his bond as such clerk, to recover damages sustained by the county on account of certain acts committed by Bracey during his term of office. J. L. Griggs, one of the original surities on the bond, is not sued, for the reason, as stated in the delaration, that before the commission of the acts complained of, he had been lawfully’ released from the bond by the Board of Supervisors of the county.
The principal breach of the bond assigned in…
2Cases cited8 opinions
- Kane v. Union Pacific RailroadNebraska Supreme Court · 1876
- Furlong v. StateMississippi Supreme Court · 1881
- People v. TreadwayMichigan Supreme Court · 1869
- Armington v. State ex rel. City of GreensburghIndiana Supreme Court · 1873
- Mahaska County v. RuanSupreme Court of Iowa · 1876
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