State v. Felton
Mississippi Supreme Court
Appeal from the Circuit Court of Kemper County. Hon. J. S. Hamm, Judge. In this action upon the county treasurer’s general bond given under Code 1871, §§ 261, 262, for fines belonging to the school fund misapplied by J. G. Felton, the treasurer, his sureties’ demurrer to the declaration was sustained upon the ground that the special bond prescribed in Code 1871, c. 39, art. 10, protected this fund.
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Appeal from the Circuit Court of Kemper County. Hon. J. S. Hamm, Judge. In this action upon the county treasurer’s general bond given under Code 1871, §§ 261, 262, for fines belonging to the school fund misapplied by J. G. Felton, the treasurer, his sureties’ demurrer to the declaration was sustained upon the ground that the special bond prescribed in Code 1871, c. 39, art. 10, protected this fund. The sections of the Code of 1871 under which the bond was given, and the condition thereof, show that the obligors are liable for the sums claimed in the declaration. If this court, in the case of…
1Opinion of the CourtChalmers, C. J.
It was stated in State v. Mayes, 54 Miss. 417, that the sureties on the general bond, given by a county treasurer for the faithful discharge of the duties of his office, were not responsible for any default of duty by him in relation to the school funds in his hands, his duties as to the school fund being protected by the special bond required for that purpose. There is no inconsistency, as supposed by counsel, between that case and the case of State v. Matthews, 57 Miss. 1, in which we held that the bond of a sheriff for the discharge of his official duties generally covered any failure of…
2Cases cited3 opinions
- State v. MatthewsMississippi Supreme Court · 1879
- State v. HarneyMississippi Supreme Court · 1880
- State v. MayesMississippi Supreme Court · 1877
3Cited by3 opinions
- Road Dist. No. 1 of Parish v. Fidelity & Deposit Co.Supreme Court of Louisiana · 1940
- Holland v. American Surety Company of New YorkSupreme Court of Florida · 1942
- West Bergen Trust Co. v. United States Fidelity & Guaranty Co.New Jersey Court of Chancery · 1940