Stamphill v. Franklin County

This is a summary proceeding instituted in 1884, in the name of the county, against a defaulting tax-collector and the sureties on his official bond. • The proceeding, being statutory and summary, in derogation of the common-law mode of procedure, must conform strictly to the statute, and the record must affirmatively disclose that the party pursuing is entitled to the remedy, and that the party against whom it is instituted is subject to it — a case within the statute. Two objections are urged to the proceeding: first, that it should have been instituted in the name of the county treasurer,…