Adams v. Lee
Mississippi Supreme Court
From the circuit court of Washington county. HoN. K,. W. WilliamsoN, Judge. The facts are stated in the opinion. The fact that the money was lost through no fault of the collector, but throiigh the failure of the bank, is no defense. Griffin v. Levee Commissioners, 71 Miss., 767. The paper signed by the mayor and finance committee conferred no authority, and the agreement to release the collector from liability was a nullity.
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From the circuit court of Washington county. HoN. K,. W. WilliamsoN, Judge. The facts are stated in the opinion. The fact that the money was lost through no fault of the collector, but throiigh the failure of the bank, is no defense. Griffin v. Levee Commissioners, 71 Miss., 767. The paper signed by the mayor and finance committee conferred no authority, and the agreement to release the collector from liability was a nullity. They could not act except in council, and the release does not purport to have been executed by the council. The tax collector, relying on it, acted at his peril. 15 Am.…
1Opinion of the CourtCooper, C. J.
The appellant, who is the revenue agent of the state, brought this action for the use of the city of Greenville against John M. Lee, the tax collector of that city, and against the sureties on his official bond, to recover the sum of $3,373.86, with interest thereon, which, it is alleged, the said Lee received into his hands as tax collector in the year 1891 and failed to pay over to the treasurer of said city, as it was by law his duty to do.
The defendants pleaded to the declaration, but, by agreementbetween the parties, all the pleas were withdrawn, and the cause was submitted to the judge…
2Cases cited1 opinion
- Griffin v. Board of Mississippi Levee CommissionersMississippi Supreme Court · 1894
3Cited by7 opinions
- Wiley v. City of SpartaSupreme Court of Georgia · 1922
- Mississippi v. First Nat. Bank of GreenwoodCourt of Appeals for the Fifth Circuit · 1933
- Miller v. BatsonMississippi Supreme Court · 1931
- Mordt v. RobinsonSupreme Court of Florida · 1934
- Dennis Short and Sammye M. Short v. Bolivar County Board of Supervisors, Eddie Andrew Williams III, Donny Whitten, Preston Billings, James McBride, and Larry L. King, Individually and in their Official Capacity as Supervisors of Bolivar County, MississippiCourt of Appeals of Mississippi · 2020
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