National Bank of Redemption v. Rutledge
U.S. Circuit Court for the District of Northern Ohio
This is an action against the defendant and the sureties on his official bond as the auditor of Hardin county, Ohio, by which they bind themselves that he “shall faithfully discharge the duties of his said office” during the term thereof.
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This is an action against the defendant and the sureties on his official bond as the auditor of Hardin county, Ohio, by which they bind themselves that he “shall faithfully discharge the duties of his said office” during the term thereof. The petition alleges that, in violation of the law and the obligation of the bond, the defendant fraudulently signed and issued $10,000 of false and duplicate “ditch bonds,” purporting to be authorized, ordered, and issued by the commissioners of the county. The bonds are dated July 1, 1891; part of them payable July 1, 1897, and a part July 1, 1898; all…
1Opinion of the CourtHammond, J.
(after stating the facts). There is no objection taken to the jurisdiction of the court except the anomalous one presented in the argument that the federal courts can have no jurisdiction of suits on the official bonds of state officers because the exercise of such a jurisdiction would interfere with and compromise the independence of state government in its local operations. . No authority of any adjudication, text writer, or commentator, is cited or suggested for this position, and I feel free to say that it is one which, in my experience, I have never heard suggested in the states south of…
2Cases cited13 opinions
- Covell v. HeymanSupreme Court of the United States · 1884
- West v. CabellSupreme Court of the United States · 1894
- Lammon v. FeusierSupreme Court of the United States · 1884
- People Ex Rel. Kellogg v. SchuylerNew York Court of Appeals · 1850
- McLendon v. StateTennessee Supreme Court · 1893
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3Cited by8 opinions
- Davilla v. Liberty Life InsuranceCalifornia Court of Appeal · 1931
- American Guaranty Co. v. McNieceOhio Supreme Court · 1924
- People ex rel. Lapeer County Bank v. O'ConnellMichigan Supreme Court · 1921
- Losleben v. California State Life InsuranceCalifornia Court of Appeal · 1933
- Reichman v. HarrisCourt of Appeals for the Sixth Circuit · 1918
3 more not listed; retrieve them via the Exa API.