Bennett v. State ex rel. Lincoln County
Mississippi Supreme Court
Appeal from the Circuit Court of Lincoln County. Hon. J. B. Chrisman, Judge. The case is sufficiently stated in the opinion of the court. Sect. 316 of the Code of 1871 was designed to give relief to sureties on official bonds, and should be so construed as to carry out the purpose for which it was enacted.
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Appeal from the Circuit Court of Lincoln County. Hon. J. B. Chrisman, Judge. The case is sufficiently stated in the opinion of the court. Sect. 316 of the Code of 1871 was designed to give relief to sureties on official bonds, and should be so construed as to carry out the purpose for which it was enacted. How can this be done? By construing it to give the sureties two modes of relief: First, by the giving of the new bond by the sheriff and the approval thereof by the Board of Supervisors; and, second, by holding, as the statute expressly provides, that the failure of an officer to obey the…
1Opinion of the CourtCooper, J.
Appellee brought this suit against John D. Moore, late sheriff of Lincoln County, and the sureties on his official bond, assigning as a breach of the bond the failure of Moore to pay over to the county treasurer of Lincoln County certain taxes collected in the year 1872.
The defendants (appellants) pleaded: —
1. “That the cause of action had not accrued within six years before the institution of the suit.
2. “ That prior to the second day of September, 1872, and prior to the collection of any of the taxes for the year 1872 by John D. Moore, the principal in the bond sued on, and after proper…
2Cases cited4 opinions
- Sprowl v. LawrenceSupreme Court of Alabama · 1859
- State v. CooperMississippi Supreme Court · 1876
- State v. MatthewsMississippi Supreme Court · 1879
- State ex rel. Moutrey's Adm'rs v. MuirSupreme Court of Missouri · 1855
3Cited by2 opinions
- State ex rel. Berge v. LansingNebraska Supreme Court · 1895
- State v. MorganMississippi Supreme Court · 1881