United States Fidelity & Guaranty Co. v. Young

Citations

• 127 Miss. 725
• 90 So. 448

Syllabus

<p>1. Clerks oi? Courts. Statutes do not require circuit clerk to receive and receipt for and disburse costs voluntarily paid by litigants.</p> <p>There is no statute which either expressly or by implication imposes the duty on a circuit clerk to receive and receipt for and disburse to those entitled thereto, costs voluntarily paid to him by litigants against whom the same have been adjudged by the court of which he is clerk.</p> <p>2. Clerks oE Courts. Circuit court clerk’s surety not liable to sheriff on bond for costs voluntarily paid by litigants.</p> <p>In a suit by a sheriff against'the surety on the official bond of a circuit clerk, whose bond is conditioned that “he shall faithfully perform the duties of his said office during his continuance therein,” to recover court costs belonging to the plaintiff, and received and receipted for by such clerk from litigants in the court of which he is clerk, voluntarily paid to him by such litigants, the plaintiff is not entitled to recover against such surety because in so receiving and receipting for such costs such clerk does not act in his official capacity, but only as the agent of the parties paying the same; therefore, there is no liability to the plaintiff because no breach of the condition of the clerk’s bond.</p>