Russel v. Clark

Citations

• 114 Miss. 898
• 75 So. 691

Syllabus

<p>Principal and Surety. Contribution. Sureties on tax collector’s bond.</p> <p>Where a part of the sureties on a tax collector’s bond of a county, paid the amount of his shortage, together with interest and the thirty per cent penalty prescribed by section 4357, Code 1906, for failure to make remittance promptly, they were entitled to contribution from the' other sureties for the sum so paid, though the thirty per cent penalty was remitted and credit therefor allowed on the state’s claim on account of another shortage of the same collector, but such sureties were not entitled to recover any part of money deposited in a hank to the credit of such tax collector, and afterwards applied by him or the bank to his defalcation occurring afterwards.</p>