Moss v. State ex rel. Jefferson Co.
Supreme Court of Missouri
APPEAL from Jefferson Circuit Court. 1st. That the declaration does not disclose any cause of action against the securities in the collector’s bond, and the motion in arrest of judgment should have been sustained. Miller vs. Stewart, 9 Wheaton 680; U. States vs. Kirkpatrick, 9 Wheat. 720; Arlington vs. Merrick, 3d Saund. 411; Stat. of1835, p. 536, §1 and 2. 2d.
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APPEAL from Jefferson Circuit Court. 1st. That the declaration does not disclose any cause of action against the securities in the collector’s bond, and the motion in arrest of judgment should have been sustained. Miller vs. Stewart, 9 Wheaton 680; U. States vs. Kirkpatrick, 9 Wheat. 720; Arlington vs. Merrick, 3d Saund. 411; Stat. of1835, p. 536, §1 and 2. 2d. That the money arising from the sale of land for taxes, under the law of 1843, was chargable to Moss, as sheriff, and not as collector, and the Court sitting as a jury,, therefore, should not have rejected the credit given to Moss, as…
1Opinion of the CourtScott, J.
This was an action of debt, against Mark Moss and his sureties, on a collector’s bond. On the 7th February, 1848, Moss executed a bond as collector for that year. The breaches in the declaration are nearly alike and substantially aver that Moss, as collector of the county of Jéfferson, received on the 21st March, 1844, monies dud for the year 1843, which he failed to pay over and account for according to the condition of bis bond. It appears that a portion of the monies unaccounted for, was the amount received from the sales of the lands belonging to non-residents, under the act of February…
2Cases cited1 opinion
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