Dunphy v. People ex rel. Whipple
Michigan Supreme Court
Error to St. Clair Circuit. This action was brought by Frank Whipple, in the liaine of the People, against William H. Dunphy, former sheriff, and Daniel H. Cole, Anson S. Welch, and Albert Staley, his sureties, upon the bond of said Dunphy as sheriff, to recover damages for the failure of said Dunphy, while acting as sheriff, to return an execution.
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Error to St. Clair Circuit. This action was brought by Frank Whipple, in the liaine of the People, against William H. Dunphy, former sheriff, and Daniel H. Cole, Anson S. Welch, and Albert Staley, his sureties, upon the bond of said Dunphy as sheriff, to recover damages for the failure of said Dunphy, while acting as sheriff, to return an execution. The execution issued upon a judgment obtained in a suit commenced by attachment wherein said Whipple was plaintiff and Joel B. Wheaton was defendant. The attachment was levied on certain lands within the county but the defendant was not found. The…
1Opinion of the CourtCooley, J.
This was an action upon the bond of Dunphy as sheriff of the county of St. Clair, given December 24, 1866, and conditioned for the faithful performance of his duties as such during his continuance in office by virtue of his election, which took place in November, 1866, for a term of two years, commencing the following January. The breach alleged was the failure to return an execution in favor of Whipple, which was issued November 30, 1867, returnable on the first Tuesday of February, then next ensuing. The first objection to a recovery is that the office of the sheriff became vacant by his…
2Cases cited1 opinion
- Ledyard v. . JonesNew York Court of Appeals · 1852
3Cited by8 opinions
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- People v. PaymentMichigan Supreme Court · 1896
- Boone County Bank v. ByrumSupreme Court of Arkansas · 1900
- Farmers' & Merchants' Bank of Vandalia v. MainesCourt of Appeals for the Sixth Circuit · 1910
- Clark v. EnnisSupreme Court of New Jersey · 1883
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