Dillon County v. Lane
Supreme Court of South Carolina
Before Moore, J., Dillon, Spring term, 1920. Action by Dillon County against S. V. Lane and Gulf & Atlantic Insurance Company on official bonds. From judgment for plaintiff, the defendants appeal. cite: No contract between Lane and Bruce: 113 S.- C. 352. Requirement as to collection of executions (sec. 476, 1 Civil Code 1912) should be construed in connection with secs. 1196, 1197, 1198, 1199, Id. Appointment of deputy sheriff: Secs. 1146-7-8, 1 Civ.
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Before Moore, J., Dillon, Spring term, 1920. Action by Dillon County against S. V. Lane and Gulf & Atlantic Insurance Company on official bonds. From judgment for plaintiff, the defendants appeal. cite: No contract between Lane and Bruce: 113 S.- C. 352. Requirement as to collection of executions (sec. 476, 1 Civil Code 1912) should be construed in connection with secs. 1196, 1197, 1198, 1199, Id. Appointment of deputy sheriff: Secs. 1146-7-8, 1 Civ. Code 1912. Sheriff not liable for forgery of nome by his deputy: 75 S. C. 252; nor for an execution which does not come into his hands: 4 McC.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice PIydrick.
This is an action on the bond of the defendant, Lane, as sheriff of Dillon county, for negligently failing to collect and turn over to the county treasurer the amounts due on certain tax executions, alleged to have been placed in his hands for collection, oh April 20, 1915, for delinquent taxes of the previous year.
Defendants, the sheriff and his surety, denied liability, on the ground that the executions have never been delivered to the sheriff. They contended that the receipt for them held by the treasurer, which was put'in…
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