Baggett v. Watson
Mississippi Supreme Court
From the chancery court of Sharkey county. IIon. Claude Pintard, Chancellor. Appellee, Watson, filed this bill against N. T. Baggett, chancery clerk, and II. J. Wright, sheriff of Sharkey county, to enjoin an execution issued against one Shelby as principal and appellee as surety, on a bond for costs given during the progress of a chancery suit in which Shelby was complainant.
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From the chancery court of Sharkey county. IIon. Claude Pintard, Chancellor. Appellee, Watson, filed this bill against N. T. Baggett, chancery clerk, and II. J. Wright, sheriff of Sharkey county, to enjoin an execution issued against one Shelby as principal and appellee as surety, on a bond for costs given during the progress of a chancery suit in which Shelby was complainant. The ground of invalidity alleged against the bond is that it was executed after the suit had begun, and merely upon the demand of the chancery clerk, without any affidavit as to non-residence or insolvency, or motion…
1Opinion of the CourtCampbell, C. J.
The demurrer should'be sustained, because the bill is main-*66tamable only as to tlie excess in the amount of the decree over the penalty of the bond, which was obligatory, notwithstanding the absence of a motion and affidavit, and order of court; for, since the law provides for security for costs upon such terms, and the security was given, without requiring the precedent steps prescribed by law, the party giving the security must be held to have waived them, and to be bound, as if they had been taken. A totally different question was presented in Overstreet v. Davis, 24 Miss., 393, and it can…
2Cases cited1 opinion
- Overstreet v. DavisCourt of Appeals of Mississippi · 1852