Burnett v. Millsaps
Mississippi Supreme Court
Appeal from the Chancery Court of Lincoln County. Hon. H. S. Van Eaton, Chancellor. This bill in chancery against the sureties upon the tax collect- or’s bond of John D. Moore (elected in November, 1871, sheriff of Lincoln County) in the penalty of five thousand dollars, and the appellants, sureties on his official bond in the penalty of ten thousand dollars, was filed by R. W. Millsaps, co-surety on the latter bond, who alleged that he advanced money to satisfy judgments…
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Appeal from the Chancery Court of Lincoln County. Hon. H. S. Van Eaton, Chancellor. This bill in chancery against the sureties upon the tax collect- or’s bond of John D. Moore (elected in November, 1871, sheriff of Lincoln County) in the penalty of five thousand dollars, and the appellants, sureties on his official bond in the penalty of ten thousand dollars, was filed by R. W. Millsaps, co-surety on the latter bond, who alleged that he advanced money to satisfy judgments for taxes collected by Moore in 1872 and not paid over to the county, and for damages, and prayed that the defendants…
1Opinion of the CourtCooper, J.
The sureties on the sheriff’s official bond, and those on his bond as tax collectoi’, were equally bound for his default in paying over the taxes collected, and because the burden was common to both sets of sureties, the right of contribution exists between them. The fact that the sureties on the' official bond were also liable for other acts of the officer, as to which the sureties on his bond as tax collector were not bound, does not affect the mutuality of their obligation as to those acts and defaults for which they were bound. There is nothing in the record to suggest that the sureties…
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