Jenness v. City of Black Hawk
Supreme Court of Colorado
Appeal from, District Courts Gilpin County. This was an action of debt npon the oficial bond of Walter B. Jenness, city marshal of the appellee, which bond was executed by Jenness as principal, and Woodbury, Cowenhoven and Myers as sureties, and bound them “ unto the plaintiff, by the name and description of the mayor and city council of the city of Black Hawk, in the county of Grilpin, Colorado Territory, for the use of the people of the city of Black Hawk aforesaid,” in…
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Appeal from, District Courts Gilpin County. This was an action of debt npon the oficial bond of Walter B. Jenness, city marshal of the appellee, which bond was executed by Jenness as principal, and Woodbury, Cowenhoven and Myers as sureties, and bound them “ unto the plaintiff, by the name and description of the mayor and city council of the city of Black Hawk, in the county of Grilpin, Colorado Territory, for the use of the people of the city of Black Hawk aforesaid,” in the penal sum of $5,000, for the year following April 1, A. D. 1871. In the declaration the breach of conditions is thus…
1Opinion of the CourtWells, J.
I. In debt on bond the declaration showing the condition and assigning breaches, nil debet is no plea. Parish v. State, 3 Ind. 209; Jensen v. Ostrander, 1 Cow. 670; Parks v. State, 7 Mo. 379; Brents v. Sthal, 3 Bibb, 482; Crigler v. Quarles, 10 Mo. 320.
II. The ordinance set up in the fourth plea had no bearing upon the question presented by the residue of the plea. The averments as to this bring into the record no new element of fact material to the issue, and in considering the effect of this plea, may be disregarded. The averment that no obligee known to the law is named in the bond, is…
2Cases cited8 opinions
- Dobbs v. Justices of the Inferior Court of Murray CountySupreme Court of Georgia · 1855
- Jansen v. OstranderNew York Supreme Court · 1824
- Dumas & Co. v. PattersonSupreme Court of Alabama · 1846
- Grayham v. County Court of WashingtonCourt of Appeals of Kentucky · 1839
- Brents v. SthalCourt of Appeals of Kentucky · 1814
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