Lewis v. State ex rel. Noxubee County

Citations

• 65 Miss. 468

Syllabus

<p>1. Official Bond. Circuit clerk. Issuance of fraudulent witness certificates. Liability of sureties.</p> <p>The sureties on the bond of the clerk of a Circuit Court of a county, conditioned, in substance, that he shall faithfully perform the duties of his office, are liable to the county for any injury resulting to it from the issuance by such clerk of false and fraudulent witness certificates, it being his duty to issue witness certificates, as provided by law. Whyte v. Mills, 64 Miss., 158, distinguished.</p> <p>2. Same. Breach of, by circuit clerk. B,emedy against other officers. Effect as to liability of clerk’s sureties.</p> <p>And the fact that in such case the county may have a remedy against the tax collector for receiving such witness certificates in payment of taxes • due the county, and against the treasurer for receiving them as valid claims against the county, does not affect the right of the county to recover against the sureties on the clerk’s bond.</p> <p>3. Pleading. Plea in abatement, after pleading in bar.</p> <p>If, after pleading in bar, a defendant file a plea in abatement for nonjoinder, such plea is a nullity and requires no response.</p>