Public-domain · open source
OpenJurist

1 Miss. Dec. 325

Beal v. Sharp

Mississippi Supreme Court

Decided March 1, 1886

Mississippi Supreme Court · decided 1886-03-01

Appellant, Beal, brought this suit in a justice of the peace court against appellee, Sharp, to recover the sum of $123. Erom a verdict and judgment for plaintiff defendant appealed to the Oircuit Court. Plaintiff began his action on an account and declaration.

Affirmed, · Decided 1886-03-01

¶1Opinion.

Arnold, J.,

¶2delivered the opinion of the court:

¶3The judgment below is correct. The declaration showed no cause of action, and there was no application to amend after the demurrer had been sustained. Appellant was not entitled to recover, because the money on which he claims commissions as county treasurer was not received by him, but was paid after the expiration of his term to his successor in office. Receipt of the money by appellant, during his term of office, was a condition precedent to his right to commissions on the same.

¶4Affirmed.

/1/missdec/325 · .json · Public domain