Davis v. Adams

Citations

• 96 Miss. 177
• 50 So. 568

Syllabus

<p>1. County Treasurer. Fees. Maximum, compensation per year. Code 1892. § 2016. Two incumbents during same year.</p> <p>Where two persons held tbe office of county treasurer during tbe same year, one dying and tbe other succeeding him, the aggregate compensation of the two for the year cannot exceed one thousand dollars, under Code 1892, § 2016, fixing the fees of the office and providing that yearly compensation shall not exceed said sum.</p> <p>2. Same. Misapplication of funds. Liability for penalty. Code 1892, § 907. Double recovery. Allowance by board of supervisors. Honesty of belief touching right to funds. Defenses.</p> <p>Under Code 1892, § 907, providing that if a county treasurer misapply money belonging to the county recovery on his bond of double the amount may be had, it is no defense to such a recovery:—</p> <p>(a) That the money misapplied was retained and used by the approval of the board of supervisors, on the idea that it was due the officer as compensation for official services; nor</p> <p>(5) That the officer honestly believed that he was entitled to retain the money as compensation.</p>