Faust v. Murphy
Mississippi Supreme Court
From the circuit court of Noxubee county. Hon. S. H. Terral, Judge. The case is sufficiently stated in the opinion. In accepting new sureties in lieu of Ames, who had died, the board of supervisors obviously acted under § 413, code of 1880. The board was authorized to proceed under this section and substitute sureties instead of requiring a new bond. Removal of some of the sureties is made a cause for substitution.
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From the circuit court of Noxubee county. Hon. S. H. Terral, Judge. The case is sufficiently stated in the opinion. In accepting new sureties in lieu of Ames, who had died, the board of supervisors obviously acted under § 413, code of 1880. The board was authorized to proceed under this section and substitute sureties instead of requiring a new bond. Removal of some of the sureties is made a cause for substitution. A fortiori would death, a removal from time to eternity, without possibility of return, authorize what was done. Ames’ death did not relieve his estate as to breaches which had…
1Opinion of the CourtCooper, J.
The declaration in this cause is vague, uncertain and defective. If any official liability of R. C. Patty, the late chancery clerk of Noxubee county, is stated at all, it is only by inference, suggestion and argument that it is to be discovered. We say this much to exclude the conclusion that the judgment of the court below would have been reversed by us but for the other grounds on which it is supported, and which we consider and decide at the earnest request of counsel, without regarding the defects of the declaration.
Stating the case as we suppose it was intended to be set forth, the facts…
2Cases cited3 opinions
- Royal Insurance Co. v. DaviesSupreme Court of Iowa · 1875
- State v. MatthewsMississippi Supreme Court · 1879
- Hightower v. MooreSupreme Court of Alabama · 1871
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- United States Fidelity & Guaranty Co. v. FelderMississippi Supreme Court · 1913
- United States Fidelity & Guaranty Company v. Iris Althea MelsonMississippi Supreme Court · 1999