State ex rel. Bragg v. Basham
Mississippi Supreme Court
From tbe circuit court of Monroe county. líoN. EugeNe O. SyKes, Judge. Tbe state, suing for tbe use of George Bragg, appellant, was tbe plaintiff in tbe court below; John J. Basham, sheriff, and others, tbe appellees, were defendants there. Bragg was convicted of a misdemeanor, and after conviction was delivered' by tbe sheriff into the hands of a county convict contractor, and while in the custody of the latter was shot and seriously wounded by an employe of the contractor.
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From tbe circuit court of Monroe county. líoN. EugeNe O. SyKes, Judge. Tbe state, suing for tbe use of George Bragg, appellant, was tbe plaintiff in tbe court below; John J. Basham, sheriff, and others, tbe appellees, were defendants there. Bragg was convicted of a misdemeanor, and after conviction was delivered' by tbe sheriff into the hands of a county convict contractor, and while in the custody of the latter was shot and seriously wounded by an employe of the contractor. The object of the suit was to hold the sheriff liable on his bond for the injury. The plaintiff’s declaration was…
1Opinion of the CourtWhitfield, C. J.
The county contractor is not (§ 790, code 1892) like the sheriff (§ 4108), and many other officers required to execute bond “before entering upon” the discharge of his duties. The board of supervisors contract with him, and look after his bond. This contractor had been appointed, claimed to be county contractor, was recognized and acting as such, and was dealt with as such by the sheriff. The sheriff was not required to see, under these circumstances, if at all, that he had given bond, *691and the failure to execute the bond is the whole ground for attempting to hold the sheriff and his sureties…
2Cases cited2 opinions
- Alabama & Vicksburg Railway Co. v. BoldingMississippi Supreme Court · 1891
- Dabney v. HudsonMississippi Supreme Court · 1890
3Cited by1 opinion
- Miller v. BatsonMississippi Supreme Court · 1931