McKinney v. State ex rel. Monroe County

Citations

• 68 Miss. 284

Syllabus

<p>1. Principal and Surety. Official bond. Breach. Former term.</p> <p>In a suit on the bond of a county treasurer for failure to pay over funds to his successor, a plea alleging that the money was collected during a former term, for which a different bond was given, is demurrable if it fails to negative the inference that the amount was in the hands of the officer as his own successor when the bond in suit was executed.</p> <p>2. Same. Excessive commissions. Suit. Statute of limitations.</p> <p>In such suit where the treasurer during his term retained money allowed him as excessive commissions by the board of supervisors, it cannot be pleaded that the mere retention was. a breach of the bond, and that the statute of limitations then commenced to run against its recovery. The money remains in the custody of the officer just as before the void allowance. Howe v. State, 53 Miss. 57.</p>