Taylor v. State
Mississippi Supreme Court
Error to the Circuit Court of Marion County. Hon. Gr. C. Chandler, Judge. The district attorney filed his declaration in Marion county circuit court against J. W. Fortenberry, tax collector of said county, and eighteen others, sureties on his official bond as such, alleging a defalcation, suing for the use of said Marion county, and demanding $1,880.55, with interest, damages, etc.
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Error to the Circuit Court of Marion County. Hon. Gr. C. Chandler, Judge. The district attorney filed his declaration in Marion county circuit court against J. W. Fortenberry, tax collector of said county, and eighteen others, sureties on his official bond as such, alleging a defalcation, suing for the use of said Marion county, and demanding $1,880.55, with interest, damages, etc. To this declaration, B. Taylor, one of the sureties (and the only party who defended in the court below) filed a demurrer substantially as follows : 1. The declaration shows no right to recover. 2. The principal…
1Opinion of the CourtTarbell, J.
Suit on tax collector’s bond. There was a demurrer to the declaration, which was overruled. Taylor alone appears; as to the others, there was judgment by default, and a writ of inquiry of damages. Taylor consented that the issue presented by him should be tried by the same jury, and at the same time with the inquiry of damages as to all. There was a verdict for the plaint, iff, without dispute as to the amount of the recovery. Numerous questions are presented, however, by the plaintiff in error, all the defendants in the action having joined in bringing the case to this court for review.
1. It…
2Cases cited3 opinions
- United States v. AcostaSupreme Court of the United States · 1843
- Byrne v. StateMississippi Supreme Court · 1874
- Arnold v. WynnMississippi Supreme Court · 1853
3Cited by6 opinions
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- Western Casualty & Guaranty Ins. v. Board of Com'rsSupreme Court of Oklahoma · 1916
- Board of County Commissioners v. State BankSupreme Court of Minnesota · 1896
- Harris v. State ex rel. Rankin CountyMississippi Supreme Court · 1877
- Jones v. HadfieldSupreme Court of Arkansas · 1936
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