Lizana v. State ex rel. Kelly
Mississippi Supreme Court
Appeal from the circuit court of Harrison county. Hon. T. H. Barrett, Judge. Suit by tile state of Mississippi to tbe use of Wm. Kelly, against F. P. Lizana and otters. Ffoin a judgment for plaintiff, defendant Lizana appeals.
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Appeal from the circuit court of Harrison county. Hon. T. H. Barrett, Judge. Suit by tile state of Mississippi to tbe use of Wm. Kelly, against F. P. Lizana and otters. Ffoin a judgment for plaintiff, defendant Lizana appeals. William Kelly owed Igansus Fava a grocery bill, the balance of which, after certain credits, was past due, Fava, hearing that Kelly intended leaving the city, turned the account over to Justice of the Peace F. P. Lizana for collection by civil process on a fifty per cent, contingent basis. Lizana advised F'ava that the debt could only be collected by “scaring it out of…
1Opinion of the CourtCook, J.
This is a suit for malicious prosecution against appellant, as justice of the peace, and the sureties on1* his official bond. A‘judgment was rendered by the trial court against Lizana and his sureties for six hundred and fifty dollars.
An instruction was given by the trial court, at the request of plaintiff, authorizing the jury to render a verdict against the sureties for exemplary damages. This instruction should not have been given. In the absence of a statute, sureties on official bonds are not liable for exemplary damages.
“The measure of damages for which sureties on official bonds are…
2Cases cited1 opinion
- State ex rel. McLaurin v. McDanielMississippi Supreme Court · 1900
3Cited by11 opinions
- Cooper v. United States Fidelity & Guaranty Co.Mississippi Supreme Court · 1939
- KING & USF & G. CO. v. KellyMississippi Supreme Court · 1962
- Kitchens v. BarlowMississippi Supreme Court · 1964
- United States Fidelity & Guaranty Co. v. State Ex Rel. StringfellowMississippi Supreme Court · 1966
- Gully v. BewMississippi Supreme Court · 1934
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