State ex rel. Bragg v. Basham

Decided March 15, 1900

Mississippi Supreme Court · decided 1900-03-15

From tbe circuit court of Monroe county. líoN. EugeNe O. SyKes, Judge. Tbe state, suing for tbe use of George Bragg, appellant, was tbe plaintiff in tbe court below; John J. Basham, sheriff, and others, tbe appellees, were defendants there. Bragg was convicted of a misdemeanor, and after conviction was delivered' by tbe sheriff into the hands of a county convict contractor, and while in the custody of the latter was shot and seriously wounded by an employe of the contractor.

Cited by 1 later decisions — most recently May 1931

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1900-03-15

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Whitfield, C. J.,

¶1delivered the opinion of the court.

¶2The county contractor is not (§ 790, code 1892) like the sheriff (§ 4108), and many other officers required to execute bond “before entering upon” the discharge of his duties. The board of supervisors contract with him, and look after his bond. This contractor had been appointed, claimed to be county contractor, was recognized and acting as such, and was dealt with as such by the sheriff. The sheriff was not required to see, under these circumstances, if at all, that he had given bond, *691and the failure to execute the bond is the whole ground for attempting to hold the sheriff and his sureties liable for this outrageous tort of the county contractor’s employe. He was, at least, de facto county contractor. Railroad v. Bolding, 69 Miss., 263; Dabney v. Hudson, 68 Miss., 292; 19 Am. & Eng. Enc. L., 440-442.

¶3Affirmed.