McCracken v. Todd
Supreme Court of Kansas
This case was tried in the district court of Leavenworth county, territory of Kansas, before Pettit, C. J. The petition showed the appointment of defendant Todd, to the office of sheriff of Leavenworth county, his giving of an official bond with his co-defendants as sureties, the record of the bond in the “book of official bonds” of Leavenworth county, and gave a copy of the condition of the bond. The condition did not use the words specified in the statute.
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This case was tried in the district court of Leavenworth county, territory of Kansas, before Pettit, C. J. The petition showed the appointment of defendant Todd, to the office of sheriff of Leavenworth county, his giving of an official bond with his co-defendants as sureties, the record of the bond in the “book of official bonds” of Leavenworth county, and gave a copy of the condition of the bond. The condition did not use the words specified in the statute. The petition further alleged the appointment by Todd, as under sheriff, or deputy, of one McMeekin, but did not allege that McMeekin’s…
1Opinion of the Court
By the Court,
Ewing, C. J.
Error from the district court for the first judicial district.
*163' This cause comes before us by petition in error asking reversal of judgment for defendants, rendered in the district court for Leavenworth county, in August, 1859. The exception is to the order of the court sustaining demurrer of defendants to the petition, and entering judgment thereupon against plaintiff for costs.
Counsel for defendants presented, among others, the following grounds of objection to the petition below, which give rise to all the questions to be considered by the court.
First. That the…
2Cases cited6 opinions
- Farrar and Brown v. United StatesSupreme Court of the United States · 1831
- Ring v. GibbsNew York Supreme Court · 1841
- Skellinger v. YendesNew York Supreme Court · 1834
- Jones v. State ex rel. BlowSupreme Court of Missouri · 1841
- Dutton v. KelseyNew York Supreme Court · 1829
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3Cited by17 opinions
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- Holt County v. ScottNebraska Supreme Court · 1897
- State ex rel. County Attorney v. WillottNebraska Supreme Court · 1919
- Frankhouser v. CannonSupreme Court of Kansas · 1893
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