Taylor v. State

Citations

• 51 Miss. 79

Syllabus

<p>1. Tax Collector: Appointment. Bond.</p> <p>F. was illegally appointed tax collector of Marion county, and executed a bond for the faithful performance of his duties, in the form and with the conditions required by law for official bonds, took the oath and assumed the duties of the office, collected the taxes and failed to pay over the money, as required by law. Held, that he and his sureties are estopped, and cannot be heard to set up as a defense the illegality of his appointment. And although, by some strange omission, the statute did not require a tax collector to execute a bond, yet if he execute the bond, collect the taxes and make default, he and his sureties are estopped, and cannot set up as a defense, that the bond was not required by the statute.</p> <p>2. Same: Judgment by default. Writ of inquiry as to some parties and issue joined as to others, by same jury, and at the same time. .</p> <p>Where T. and others, defendants, were sued jointly, and T. filed pleas, and other defendants suffered judgment by default, and T. consented in open court that the same jury, and at the same time, should execute the writ of inquiry as to the others, and also try the issue joined between himself and the plaintiff, and which was accordingly done. Held, that this was not error.</p>