People ex rel. State Bd. of Harbor Commr's v. La Rue

This action is brought against the defendants, as the sureties on the bond of one William M. H. Haynie, as wharfinger, appointed by the board of state harbor commissioners, to recover certain moneys lost to the said board by the delinquency of said Haynie. The cause was tried before a jury, who returned a verdict *77 for the plaintiff in the sum of $800.30. Judgment was rendered accordingly. Upon motion made for a new trial, the court granted the same, unless the plaintiff should remit a certain portion of the judgment. This the plaintiff did, and a new trial was then, by an order, duly denied. From the judgment given and made in the premises, and from the order denying a new trial, this appeal is taken.

Two contentions are made for a reversal of the judgment and order: 1. That the board of harbor commissioners have prosecuted the action without authority of law, because not done on the relation of the attorney-general. 2. That Haynie, the principal on the bond sued on> was appointed in March, 1880, removed from office on the 6th of March, 1883, after the delinquency complained of had taken place, and the action was commenced after a change was made in the statute, whereby the…