Pearman v. Robertson

Citations

• 119 Miss. 384
• 80 So. 780

Syllabus

<p>1. Schools and School Disteicts. Officers. Action 'by state revenue agent.</p> <p>Under Code 1890, section 4738 (Hemingway's Code, section 7056), so providing, the state revenue agent is authorized to bring suit against the county superintendents of schools, the clerk of the board of supervisors, and a warrant collector, for warrants knowingly issued and collected by them without authority of law.</p> <p>2. Schools and School Disteicts. Illegal warrants. Liability of persons receiving.</p> <p>The state revenue agent has a right of action under Code 1906, section 4788 (Hemingway’s Code, section 7056), against one who knowingly, without lawful authority, receives and collects school warrants, irrespective of whether or not such person was the recipient of any benefit from the collection of any of the warrants.</p> <p>3. Schools and School Districts. Cleric of board of supervisors. Liability for issuance of warrant.</p> <p>Since section 4566, Code of 1906, (Hemingway’s Code, section 7382), makes it mandatory upon the clerk of the board of supervisors to issue a warrant upon the treasury for the amount of each pay certificate issued by the county superintendent, he is not liable in a suit by the state revenue agent, where he issued warrants on teachers’ pay certificates knowing that the county superintendent had not complied with Code of 1906, section 4497 (Hemingway’s Code, section 7574), as to filing list with him of teachers employed, since the failure of a county superintendent to comply with this statute does not deprive a school teacher of the right to compensation for teaching a public school.</p>