McLeod v. State
Mississippi Supreme Court
From the circuit court of Washington county. Hon. E. W. Williamson, Judge. Action by the state for use of the board of levee commissioners for the Yazoo aud Mississippi Delta, upon the bond of appellant, C. II. McLeod, tax-collector of Sunflower county, for $4,040.37, taxes collected for said usee and unlawfully withheld.
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From the circuit court of Washington county. Hon. E. W. Williamson, Judge. Action by the state for use of the board of levee commissioners for the Yazoo aud Mississippi Delta, upon the bond of appellant, C. II. McLeod, tax-collector of Sunflower county, for $4,040.37, taxes collected for said usee and unlawfully withheld. The defendants, McLeod and his sureties, pleaded, among other things, non est factum, contending that the instrument sued upon was not a bond because not signed by McLeod. The facts relative to this contention are as follows : McLeod, having been elected sheriff and ex…
1Opinion of the CourtCooper, J.
It is not intended by § 19 of the code to define what a bond is, but to provide that the word “bond” shall embrace, in all cases where used, such instruments as are named in that section. It does embrace all such instruments by virtue of this section; it may embrace others by reason of the general law or specific provisions of other statutes.
The “bond” sued on is the “bond” of McLeod and of those who subscribed it as his sureties, by virtue of §§ 994 and 996 of the code. McLeod wrote the bond, and his name twice appears in the body thereof, written by him. True, he says that he did not intend…
2Cited by6 opinions
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- Harris v. Harris & Gans Co.Pennsylvania Court of Common Pleas · 1936
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