Griffin v. Board of Mississippi Levee Commissioners

Citations

• 71 Miss. 767

Syllabus

<p>1. Former Suit Pending. Defect in first suit. Defense.</p> <p>In an action by the Board of Mississippi Levee Commissioners on the bond of a tax-collector for money not paid over, a plea setting- up the pendency of a former suit in chancery, brought against defendants for the same cause of action by the state revenue agent for the use of the board, is bad where the bill in the former suit fails to aver that the revenue agent, as a necessary condition precedent to suing, had, before suit, given the tax-collector thirty days’ notice to pay over the money.</p> <p>2. Tax-collector. Money deposited.. Failure of bank. Inability of bond.</p> <p>In a suit on the bond of a tax-collector for taxes collected and not paid over, it is no defense that the collector was not furnished with a safe, and that, for safe-keeping until the time of settlement should arrive, he deposited the money in a bank which was considered entirely solvent, but which subsequently failed, whereby the money was lost.</p>