State ex rel. Crawford v. Woodward
Supreme Court of Missouri
ERROR to Cooper Circuit Court. Covenant will lie upon a sheriff’s bond, and the court erred in deciding to the contrary. — 1 Chitty, pp. 131,3, 4,; 1 Pirtley’s Digest, 227, see. 132; 2 Bibb, 465; 3 J. J. Marshall, 496, Davis vs. Noaks; 4 Bibb,314; 1 Saunders, 58, a, note 1; 3 Comyn, 250; 3 Johns. Rep., 44, Hallett vs. Wylie. 1. Covenant will not lie upon a sheriff’s bond.— See Wm. Clark, Governor of Missouri, to the use of William Gentry vs. Durat, &e., 1 Mo.
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ERROR to Cooper Circuit Court. Covenant will lie upon a sheriff’s bond, and the court erred in deciding to the contrary. — 1 Chitty, pp. 131,3, 4,; 1 Pirtley’s Digest, 227, see. 132; 2 Bibb, 465; 3 J. J. Marshall, 496, Davis vs. Noaks; 4 Bibb,314; 1 Saunders, 58, a, note 1; 3 Comyn, 250; 3 Johns. Rep., 44, Hallett vs. Wylie. 1. Covenant will not lie upon a sheriff’s bond.— See Wm. Clark, Governor of Missouri, to the use of William Gentry vs. Durat, &e., 1 Mo. Rep., 114; Digest Laws of Mo., 1835, p. 261, sec. 54; 1 Payne’s Crim. Court Rep., 422; 1 Peters’ Digest, 688. 2. The securities in a…
1Opinion of the CourtScott, J.
This was an action of covenant on a sheriff’s bond, against him and his securities. The declaration contained two breaches of the condition of the bond, and after the assignment of the breaches it is averred, that the defendants have not paid the penalty. To this declaration there was a demurrer, on which judgment was rendered for the defendants.
The question is, whether an action of covenant will lie on a sheriff’s bond ? It is clear ihat, by the common law, an action of covenant was a concurrent remedy with debt on a single bill obligatory, or a penal bond subject to be defeated, by the…
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