Trantham v. Russell

14 Citing cases

  1. Barnett v. Lollar

    197 Miss. 574 (Miss. 1945)   Cited 13 times

    The County Superintendent was not authorized by law to make the expenditures. Moore v. State (Miss.), 45 So. 866; State v. Glennen, 93 Miss. 836, 47 So. 550; Kidder v. McClanahan, 126 Miss. 179, 88 So. 508; Griffin v. Board of Mississippi Levee Commissioners, 71 Miss. 767, 15 So. 107; State to Use of Lincoln County, v. Green, 111 Miss. 32, 71 So. 171; Trantham v. Russell, 171 Miss. 481, 158 So. 143; Adams v. Lee, 72 Miss. 281, 16 So. 243; Beall v. Board of Supervisors, Warren County, 191 Miss. 470, 3 So.2d 839; Miller v. Tucker, 142 Miss. 146, 105 So. 774, 780; Gully v. Bridges, 170 Miss. 891, 156 So. 511; Code of 1871, Secs. 308, 318, 2890; Code of 1880, Secs. 416, 2757; Code of 1892, Secs. 1226, 3057, 3066, 3067; Code of 1906, Secs. 1302, 3430, 3474, 3475; Code of 1930, Secs. 255, 272, 1066, 2902, 2903, 6064, 6732; Code of 1942, Secs. 2298, 2935, 2958, 3877, 3878, 3883, 4048, 4049, 6337, 6526, 8157, 8227, 8249, 9027; Laws of 1916, Ch. 102; Laws of 1920, Ch. 122; Laws of 1922, Ch. 160; Laws of 1930, Ch. 200; Laws of 1938, Chs. 157, 236. Many duties of a County Superintendent are quasi judicial.

  2. National Surety Corp. v. State

    189 Miss. 540 (Miss. 1940)   Cited 5 times

    E.L. Dent, of Forest, for appellee. The case of Trantham et al. v. Russell, 171 Miss. 481, 158 So. 143, is similar to the case at bar, except that Section 6732, Code of 1930, on which that case was based, included only pay certificates issued to teachers, but did not include pay certificates issued to school carriers or truck drivers, whereas, the case at bar is based on pay certificates to school teachers and school carriers, as authorized by Section 14, Chapter 255, General Laws of Mississippi, 1936. In the Trantham case, among other things, this court said: "So far as the teachers' pay certificates are concerned, we are unable to see any escape from liability of the superintendent on his official bond under Section 6732 of the Code.

  3. State to Use of Rogers v. Newton

    191 Miss. 611 (Miss. 1941)   Cited 13 times

    E.L. Dent, of Collins, and Hannah, Simrall Foote, of Hattiesburg, for appellant. As the declaration states a case under Chapter 255, Laws of 1936 — see Trantham et al. v. Russell, 171 Miss. 481, 158 So. 143, and the case at bar on former appeal — the only question for discussion on this appeal is whether or not the Statute of Limitations as contemplated and embraced in Section 2301, Code of 1930, applies. We are not aided in this discussion by the decision in the former appeal, because the plea of the one-year Statute of Limitations was not before the Court and was not filed until January 14, 1941.

  4. McDonald Sons v. McQueen

    194 So. 473 (Miss. 1940)   Cited 3 times

    W.W. Stockstill, of Bay St. Louis, and J.E. Stockstill, of Picayune, for appellant. In the case of Trantham v. Russell, 171 Miss. 481, 158 So. 143, the court distinctly held that the superintendent and the surety on his bond were liable on pay certificates issued to teachers in excess of the school funds for the scholastic year. In that case, the certificates involved were regular pay certificates, and not pretended duplicates. It appears that the holder of these certificates acquired them after the close of the scholastic year in which they were issued, and it seems to us that this was sufficient at least to require the purchaser to make inquiry in regard to the condition of the school funds before he purchased certificates issued in a scholastic year which had closed.

  5. McGaha v. Curlee

    169 So. 694 (Miss. 1936)   Cited 9 times

    A contract for the expenditure of public money must rest on something more secure than an oral agreement. Trantham v. Russell, 158 So. 143, 171 Miss. 481. This court has held in innumerable cases that boards of supervisors and boards of aldermen and other public bodies could only speak through their minutes.

  6. McCandless v. Clark

    159 So. 542 (Miss. 1935)   Cited 14 times
    In McCandless v. Clark, 172 Miss. 315, 159 So. 542, the court held that where cases in the same court were interwoven and interdependent in the trial of one case the court would take judicial knowledge of the proceedings in the other case.

    The principle that a public officer acting in the performance of his official duty and in the exercise of his best judgment and discretion, and in good faith, is not liable on his official bond for such acts, was again approved by this court in the case of National Surety Co. v. Miller, 155 Miss. 115. Trantham et al. v. Russell, 158 So. 143; State for use of Lincoln County v. Green, 111 Miss. 32, 71 So. 171; Whitehurst v. Smith, 155 So. 683. The action of the trial court in overruling the plaintiff's demurrer to the second plea of the defendants was correct, and should be affirmed on this direct appeal.

  7. Smith v. Dorsey

    599 So. 2d 529 (Miss. 1992)   Cited 94 times
    Holding that because "the appellants fail to cite any authority to support the[ir] three propositions . . . and decline to devote any discussion or attention whatsoever to these alleged errors . . . this Court is unable to assess these issues on the merits . . . [so that] this Court is under no obligation to consider the assignments"

    Green, 111 Miss. at 35-36, 71 So. at 172. See Trantham v. Russell, 171 Miss. 481, 489, 158 So. 143, 145 (1934) (no liability where superintendent acted in good faith within scope of authority; no liability for honest errors of judgment). Barnett v. Lollar involved a challenge by the State Auditor against the county school superintendent to recover money that the superintendent allegedly withdrew from the county school fund without legal authority.

  8. Golding v. Salter

    107 So. 2d 348 (Miss. 1958)   Cited 23 times
    Holding that county hospital had no authority to pay its employees Christmas bonuses

    nd, we must look to the rule of the common law and the decisions of our own Court for guidance. At common law a public officer acting judicially or quasi-judicially is not personally liable for an unlawful payment of public funds if he acted in good faith within the scope of the subject matter over which he has been given jurisdiction, and this rule has been applied to a disbursing officer, making apparently lawful payment, on express orders from his superior, notwithstanding his superior's mistake, but a payment out of the public funds, although within the general field of the officer's jurisdiction, may be so clearly and distinctly one which the officer could not lawfully make as to bar him from the justification that it was done in good faith. 67 C.J.S. 410, Officers, par. 118b (1); Paxton v. Baum, 59 Miss. 531; State to Use of Lincoln County v. Green, 111 Miss. 32, 71 So. 171; Miller v. Tucker, 142 Miss. 146, 105 So. 774; National Surety Co. v. Miller, 155 Miss. 115, 124 So. 251; Trantham v. Russell, 171 Miss. 481, 158 So. 143; Barnett v. Lollar, 197 Miss. 574, 19 So.2d 748. In Paxton v. Baum, supra, this Court had under consideration Section 1386, Code of 1871 (Section 2944, Code of 1942), relating to the personal liability of members of the board of supervisors for the appropriation of money to objects not authorized by law, and the Court held that members of the board of supervisors are not liable on their bonds for an allowance made by the board of supervisors, where the allowance was authorized by law, although the board disregarded the provisions of the statute in making such allowance.

  9. State, Use of Natl. S. Corp. v. Malvaney

    221 Miss. 190 (Miss. 1954)   Cited 30 times
    In State v. Malvaney, 221 Miss. 190, 72 So.2d 424 (1954), the architect's contract obligated him to require that the contractor submit satisfactory evidence of payment of all payrolls, materials, bills, and other indebtedness connected with the work prior to the architect's approval for release of retainage.

    In the absence of proof that the Superintendent of Education or his deputy were lacking in good faith or were guilty of fraud or corrupt or dishonest motives in the issuance of the pay certificate, the Superintendent is not liable to National Surety Corporation, and the decision of the Chancery Court should be affirmed as to the Superintendent and his surety. Barnett v. Lollar, 197 Miss. 574, 19 So.2d 748; Paxton v. Baum, 59 Miss. 531; State for use of Lincoln County v. Green, 111 Miss. 32, 71 So. 171; Trantham v. Russell, 171 Miss. 481, 158 So. 143; Union Indemnity Co. v. Acme Blow Pipe Co., 150 Miss. 332, 117 So. 251; Secs. 4049, 6376, 6423, Code 1942. HOLMES, J.

  10. People's Bk. Corp. v. Beashea Dr. Dist

    199 Miss. 505 (Miss. 1946)   Cited 9 times

    It was necessary that the direction to the bank as depository to pay out the money to bondholders, including those holding second bonds, be first entered on the minutes, and if not so entered the oral direction by the commissioners did not have any more effect and force than if the direction had been given by private persons. Mississippi Sawmill Co. v. Douglas, 107 Miss. 678; 65 So. 885; Crump v. Board of Supervisors of Colfax County, 52 Miss. 107; Gordan v. Smith, 154 Miss. 787, 122 So. 762; McDevitt v. Walls (Miss.), 122 So. 766; Fighting Bayou Drainage District v. Leflore County, 180 Miss. 223, 177 So. 6; Lee County v. James, supra; Kidder v. McClanahan, 126 Miss. 179, 88 So. 508; White's Garage v. Town of Poplarville, 153 Miss. 683, 121 So. 295; Trantham et al. v. Russell, 171 Miss. 481, 158 So. 143. In view of the fact that no order was on the minutes, the bank should have had for its protection, and to be protected, warrants drawn by the commission or some person authorized by it under the applicable law.