James v. State ex rel. Taylor

Citations

• 49 Miss. 420

Syllabus

<p>1. Code 1857, Abt. 188. — This statute was intended to give a remedy on the bond of the sheriff, or other public officer, to any person who had sustained an injury, by the misfeasance or non-feasanco of the officer. In subordination, however, to the rules prevailing in reference to actions and pleadings.</p> <p>2. Rights op Assignee of a Judgment. — At common law the assignee of a judgment could not maintain an action in his own name, because such chose in action was not assignable, yet courts of law recognize the beneficial interests of assignees, and afford them all the protection consistent with Us modes of procedure. Whilst parties suing at law, must be clothed with a legal title, yet when brought to its knowledge that another, than the plaintiff, has the equitable interest, in the subject of the suit, that interest will be secured. Van Houten v. Riley, 6 S. & M., 440.</p> <p>3. Suits on Bonds — A failure to discharge a duty is a breach of a bond, for which the injured party may recover damages. Brown v. Lester, 13 S & M. 393. In all suits upon official bonds, the usee in the intendment of the statute, represents the beneficial right.</p>