Cooper v. Rivers
Mississippi Supreme Court
From: the circuit court of Marshall county. Hon. L. G. Fant, Special Judge. Cooper, appellant, was plaintiff in the court below; Fivers, appellee, was original defendant there. The defendant inter-pleaded the state, and the district attorney in behalf of the state defended the suit. From a judgment denying the plaintiff all relief he appealed to the supreme court.
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From: the circuit court of Marshall county. Hon. L. G. Fant, Special Judge. Cooper, appellant, was plaintiff in the court below; Fivers, appellee, was original defendant there. The defendant inter-pleaded the state, and the district attorney in behalf of the state defended the suit. From a judgment denying the plaintiff all relief he appealed to the supreme court. The plaintiff’s son was indicted for perjury, was arrested by the sheriff- of the county and was unable or unwilling to give bail. The plaintiff in order to secure the release of his son deposited $250 in money with the sheriff and…
1Opinion of the Court
Whiteield, O. J.,
delivered the opinion of the court.
In section 1464, Code of 1906, it is provided as follows: “It' is the duty of the sheriff taking a bail bond to return the same to the clerk of the circuit court of the county in which the offense is alleged to- have been committed on or before the first day of the next term thereof; and if any sheriff neglect to take a bail bond, or if the same, from any cause, be insufficient at the time he took and approved the same, on exceptions taken and filed before the close of the next term, after the same should have been returned, and -upon…
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