State v. Smith
Supreme Court of Florida
Appeal from the Circuit Court for Leon county. This is a suit upon the bond of "W. R. Pettes, late Collector of Revenue for the county of Leon, against the principal and sureties. The bond was dated May 13, 1872, conditioned for the faithful performance “ of all the duties of said office as prescribed by law.”
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Appeal from the Circuit Court for Leon county. This is a suit upon the bond of "W. R. Pettes, late Collector of Revenue for the county of Leon, against the principal and sureties. The bond was dated May 13, 1872, conditioned for the faithful performance “ of all the duties of said office as prescribed by law.” The plaintiff avers that the collector, from the date of the bond up to February 21, 1871, did receive and collect for taxes due the State the sum of $80,133.12, of which he had neglected and refused to pay over to the proper officers of the State the sum of $5,210.92.. The defendant,…
1Opinion of the CourtJustice YaAVAlkbebuegii
The plaintiff assigns for error the ruling of the court overruling the demurrers to the second and third pleas, and in striking off the replications thereto. -
The second plea sets up the'fact that the State, plaintiff in the action, repealed the penalties prescribed against defaulting collectors; that the existence of these penalties was an inducement to the signing of the bond by the sureties; that these penal statutes afforded a protection to them and a means by which the plaintiff 'could compel a performance of duty on the part of the collector; that by such repeal *186these means of…
2Cases cited4 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- DOX v. the Postmaster-GeneralSupreme Court of the United States · 1828
- Smith v. United StatesSupreme Court of the United States · 1831
- Looney v. HughesNew York Supreme Court · 1858
3Cited by2 opinions
- City of Winter Haven v. State Ex Rel. LandisSupreme Court of Florida · 1936
- United States v. CampbellCourt of Appeals for the Eighth Circuit · 1909