State, use Lafayette County v. Hall

Citations

• 70 Miss. 678

Syllabus

<p>1. Equity Jurisdiction. Enforeiny statutory penalties. Full relief.</p> <p>While courts of equity refuse to enforce penalties growing out of private contracts, they will, in proper cases, enforce statutory penalties, as where, having jurisdiction for one purpose, the enforcement of such penalty is necessary to full relief.</p> <p>2. Same. Treasurer’s bond. Reformation. Decree for penalty. Code 1880, §375.</p> <p>Where the chancery court exercises its jurisdiction to reform a general bond of a defaulting county treasurer, and, according to the intent of the parties, decrees that it shall also stand as a bond for school-funds, it should then treat it just as if originally executed as a bond for school-funds, and a decree thereon against the treasurer and his sureties should include the penalty provided for by ? 375, code 1880, and be for double the deficit.</p>