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Legal Opinion

Chairman of County Court ex rel. County Trustee v. Sawyers

Tennessee Supreme Court

Decided September 15, 1850PublishedCited by 23 opinions

This was a motion against an officer and the sureties in Ms official bond. A nolle prosequi was entered as to one of the sureties, and the motion was sought to be prosecuted against the principal and the remaining sureties. Could this be done? >-

1Opinion of the Court

McKinney, J :

A motion will not lie against part of the surties in such % ease, and the dismissal of the motion as to one of them is fatal to the whole proceeding. [1]

Motion dismissed without prejudice.(1) Rice v. Kirkman, 3 Humph 415, 418; Houston v. Dougherty, 4 Humph, 505, 6; Jones v. Henderson, Supra, last case; Code, 3583 et seq.

2Cited by23 opinions

  1. Schutt v. MacduffNew York Supreme Court · 1954
  2. Taylor v. BleakleySupreme Court of Kansas · 1895
  3. Lawton v. SweitzerIllinois Supreme Court · 1933
  4. Killam v. SchoepsSupreme Court of Kansas · 1881
  5. Massey v. . AlstonSupreme Court of North Carolina · 1917

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