Badley v. Ladd

70 Miss. 688 | Miss. | 1893

Campbell, C. J.,

delivered the opinion of the court.

It was error to quash the-levy. Fly was not disqualified to act as deputy of the sheriff because of the fact that he would be entitled to commissions on the collection. The law allows commissions to the officers for collecting money, and surely the right to commissions cannot properly be held a disqualification to act as special deputy. "We know of no precedent for such a view, and will not make one.

B,eversed, and remanded for a new trial.