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>
Judges: Cook
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5 cases in this archive cite this case.
- Kitchens v. BarlowMississippi Supreme Court· 1964-06-01· cited 15×
- KING & USF & G. CO. v. KellyMississippi Supreme Court· 1962-02-19· cited 15×
- United States Fidelity & Guaranty Co. v. State Ex Rel. StringfellowMississippi Supreme Court· 1966-02-14· cited 15×
- Brabham v. Mississippi ex rel. SmithFifth Circuit· 1938-06-15· cited 4×
- Vanderslice v. ShoemakeMississippi Supreme Court· 1958-05-19· cited 2×
Cites
1 case in this archive is cited by this case.
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