State ex rel. Mitchell v. Smith
Mississippi Supreme Court
From the circuit court of Prentiss county. Host. Eugene 0. Sykes, Judge. The state, ex rel., etc., the appellant, was plaintiff in the court below; Smith, the appellee, was defendant there. From a judgment in favor of the defendant the plaintiff appealed to the supreme court; the defendant prosecuted a cross-appeal complaining of the action of the court below in sustaining the plaintiff’s demurrers to certain pleas.
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From the circuit court of Prentiss county. Host. Eugene 0. Sykes, Judge. The state, ex rel., etc., the appellant, was plaintiff in the court below; Smith, the appellee, was defendant there. From a judgment in favor of the defendant the plaintiff appealed to the supreme court; the defendant prosecuted a cross-appeal complaining of the action of the court below in sustaining the plaintiff’s demurrers to certain pleas. The suit was a quo warranto proceeding instituted by the state, on the relation of George T. Mitchell, district attorney, seeking to oust Jefferson Smith from the office of member…
1Opinion of the CourtTruly, J.
All official bonds are governed by Code 1892, § 8055. That section provides that a failure to observe or comply with any formality shall not vitiate any official bond, but all such bonds shall be valid and binding — and this, too, whether the bond is made in the proper penalty, or without any penalty, or whether correct or incorrect in any of its recitals. It was the intent of the legisature, in our judgment, that when sureties sign any official bond, whether an incorrect penalty be inserted or no penalty at all, by such signing they become obligated “to the full penalty of the bond which…
2Cited by4 opinions
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