Lee v. Charmley
North Dakota Supreme Court
Appeal from District Court, Ward county; JE. B. Goss, J. Action by Jobn J. Lee as sheriff of Ward county against John Oharmley and others upon the official bond of defendant Charmley as deputy sheriff. From an order overruling a demurrer to plaintiff’s complaint, defendant’s sureties appeal. “Color of office” implies presence of apparent real authority. State, Allen, Prosecutor, v. Conover, 28 N. J. L. 224, 78 Am.
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Appeal from District Court, Ward county; JE. B. Goss, J. Action by Jobn J. Lee as sheriff of Ward county against John Oharmley and others upon the official bond of defendant Charmley as deputy sheriff. From an order overruling a demurrer to plaintiff’s complaint, defendant’s sureties appeal. “Color of office” implies presence of apparent real authority. State, Allen, Prosecutor, v. Conover, 28 N. J. L. 224, 78 Am. Dec. 54; Taylor v. Parker, 43 Wis. 78; Gerber v. Ackley, 32 Wis. 233, 37 Wis. 43, 19 Am; Eep. 751; Kendall v. Aleshire, 28 Neb. 707, 26 Am. St. Eep» 367, 45 N. W. 167; Marquis v.…
1Opinion of the CourtEllsworth, J.
The action in which this appeal is taken is brought by the plaintiff as sheriff of Ward county against defendant Channley, as a deputy sheriff, appointed by him and the other defendants as sureties upon the deputy’s bond. The conditions of the bond as *573set out in the complaint are to the effect that, “if the said John Oharmley shall faithfully and' impartially discharge the duties of said office of deputy sheriff, and render a true account of all moneys and property of every kind that shall come into his hands as such officer, and pay over and deliver the same according to law, then the above…
2Cases cited10 opinions
- Lammon v. FeusierSupreme Court of the United States · 1884
- People Ex Rel. Kellogg v. SchuylerNew York Court of Appeals · 1850
- Clancy v. KenworthySupreme Court of Iowa · 1887
- Hall v. TierneySupreme Court of Minnesota · 1903
- Turner v. SissonMassachusetts Supreme Judicial Court · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Helgeson Ex Rel. Helgeson v. PowellIdaho Supreme Court · 1934
- Abbott v. CooperCalifornia Supreme Court · 1933
- Greenius v. American Surety Co.Washington Supreme Court · 1916
- American Guaranty Co. v. McNieceOhio Supreme Court · 1924
- Askay v. MaloneyOregon Supreme Court · 1917
22 more not listed; retrieve them via the Exa API.