State ex rel. Gore v. Montague

Citations

• 34 Fla. 32

Syllabus

<p>1. The liability of sureties upon the official bond of a collector of revenue is limited by the terms of the bond, and can not be extended beyond the reasonably necessary import of the same.</p> <p>2. The condition of the bond Sued upon is, that the principal, as collector of revenue, “shall faithfully perform all the duties of his office by the faithful collection of all taxes, both State and county, and the prompt payment thereof to the State and county treasurers as prescribed by law:” Held, That a suit could hot be maintained upon this bond, against either the principal or sureties, for fees due a publisher for advertising sales of lands for taxes, which had come into the hands of the-principal. Such withholding of the moneys of the publisher by the collector is an instance of official misconduct, but not a breach of the official bond.</p>