State v. Pierce
Supreme Court of Kansas
Error from Wilson District Court. Action on a druggists’ bond, given under ch. 128, L»ws of 1881, brought by The State of Kansas against C. IP. Pierce as principal, and Charles Blume and James Wiley as sureties in said bond. Trial at the September Term, 1881, of the district court, and judgment for the defendants. The State brings the case here. The facts sufficiently appear in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action on a druggists’ bond, given under chapter 128, Laws of 1881. The petition sets out the giving of the bond, attaches a copy thereof, and *778alleges a breach of the bond in a violation by the principal of the requirements of said chapter 128. To this petition a demurrer was sustained, and from this ruling the state brings error.
But a single question is presented, and that is, whether a conviction of the principal is an essential prerequisite to an action on such bond. The district court held that it is, and therefore sustained…
2Cited by2 opinions
- State v. WipkeSupreme Court of Missouri · 1939
- State v. EstabrookSupreme Court of Kansas · 1883