White v. Saginaw
Michigan Supreme Court
Error to Saginaw. Assumpsit on official bond. Defendants bring error. Sureties are not liable upon an official bond for default in the performance of duties that do not properly belong to the office and were imposed after the bond was given, Pybus v. Gibb 88 E. C. L. 902; U. S. v. Kirkpatrick 9 Wheat. 720; People v. Moon 3 Scam. 123; Reynolds v. Hall 1 Scam. 35; Gompher v. People 12 111. 290; Governor v. Bidgway id. 14; State v. Bobards 7 Rep. 594; Brandt on Suretyship §§…
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Error to Saginaw. Assumpsit on official bond. Defendants bring error. Sureties are not liable upon an official bond for default in the performance of duties that do not properly belong to the office and were imposed after the bond was given, Pybus v. Gibb 88 E. C. L. 902; U. S. v. Kirkpatrick 9 Wheat. 720; People v. Moon 3 Scam. 123; Reynolds v. Hall 1 Scam. 35; Gompher v. People 12 111. 290; Governor v. Bidgway id. 14; State v. Bobards 7 Rep. 594; Brandt on Suretyship §§ 469, 483. Illegality of a tax is no defense to an action against the collector and the sureties on his bond, on refusing…
1Opinion of the CourtGraves, J.
The plaintiff in error White, being coroner of Saginaw county and there being no sheriff nor under-sheriff, was designated pursuant to law on the 29th of January, 1875, to perform the duties of sheriff, and within twenty days he qualified by taking the prescribed oath and giving the usual bond required by Comp. L. §§ 550, 551, the other plaintiffs in error being his sureties.
On the 3d of May thereafter, the act for taxing the business of manufacturing and selling spirituous and Intoxicating liquors was approved and became a law, and In that year and the next there were large assessments in…
2Cases cited6 opinions
- Converse v. United StatesSupreme Court of the United States · 1859
- People v. EdwardsCalifornia Supreme Court · 1858
- Gaussen v. United StatesSupreme Court of the United States · 1878
- Commonwealth v. HolmesSupreme Court of Virginia · 1875
- City of St. Louis v. SicklesSupreme Court of Missouri · 1873
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