Legal Opinion

James v. State ex rel. Doss

Mississippi Supreme Court

Decided October 15, 1877PublishedCited by 15 opinions

Error to the Circuit Court of Chickasaw County. Hon. J. A. Green, Judge. F. M. James was elected sheriff of Chickasaw County, for the term commencing January 1, 1872, and executed,his bond as sheriff, which was duly approved, before entering-upon the duties of his office'. On September 10, 1872, he executed a bond as tax-collector.

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Error to the Circuit Court of Chickasaw County. Hon. J. A. Green, Judge. F. M. James was elected sheriff of Chickasaw County, for the term commencing January 1, 1872, and executed,his bond as sheriff, which was duly approved, before entering-upon the duties of his office'. On September 10, 1872, he executed a bond as tax-collector. This action was brought in October, 1873, to recover of James and his sureties, on his bond as tax-collector, county taxes collected by him after the execution of this bond, and which he had failed to pay over to the county treasurer. The defendants below objected…

1Opinion of the CourtCampbell, J.

The validity of the bond sued on in this case is maintained in the case of Harris et al. v. The State to use, etc., ante, 50, and upon the evidence submitted to the jury, without objection, the plaintiff was entitled to recover. The instructions, as applied to the evidence, are correct, but we feel constrained to set aside the verdict because of the failure of the court to comply with the request of the plaintiffs in error to “ poll the jury” on receiving the verdict.

A verdict is the unanimous decision made by a jury, and reported to the court. Examining the jury by the poll is the only…

2Cases cited2 opinions

  1. Jackson v. HawksNew York Supreme Court · 1829
  2. Fox v. SmithNew York Supreme Court · 1824

3Cited by15 opinions

  1. Bridges v. StateMississippi Supreme Court · 1929
  2. State ex rel. Allis v. WiesnerWisconsin Supreme Court · 1925
  3. State v. GatlinSupreme Court of North Carolina · 1954
  4. Reed v. KinnikSupreme Court of Pennsylvania · 1957
  5. Flournoy v. BrownMississippi Supreme Court · 1946

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