Langford v. Commissioners of Wilkinson County

Jackson, Chief Justice.

The county of Wilkinson sued its tax collector by issuing execution against him and his sureties for balance of money collected and not paid. The tax collector defended by affidavit of illegality, stating therein that he had j>aid all collected, whereupon, issue being joined on the truth of this affidavit, the accounting, was referred to an auditor. When first referred, the auditor ruled out the testimony of the tax collector, because the county treasurer, to whom he swore the money was paid, was dead; and the court, on exceptions thereto, reversed that ruling, and…