Lizana v. State ex rel. Kelly

Citations

• 109 Miss. 464
• 69 So. 292

Syllabus

<p>1. Officers. Liability on official bonds. Justice of peace. Malicious prosecution.</p> <p>In the absence of a statute, sureties on official bonds are not liable for exemplary damages, the measure of damages for which such sureties are bound in the absence of a statutory rule, is just compensation for the injury actually sustained in addition to nominal damages which follow the breach of bonds.</p> <p>2. Justice of Peace. Official bond. Liability. Malicious prosecution. The sureties on the official bond of a justice of the peace were</p> <p>liable with him, in an action of malicious prosecution for making a criminal affidavit against plaintiff to scare him into paying a' debt, in causing his arrest thereon, in refusing to allow him to testify and in convicting plaintiff and sentencing him to a fine and imprisonment, since what the magistrate does colore officii his sureties are liable therefor.</p>