Beauchaine v. McKinnon
Supreme Court of Minnesota
Appeal by defendants, John B. McKinnon, Frank Jerome, Henry R. Nolan, N. S.- Gervais and E. W. Wile, from an order of the District Court of Polk County, Gorham Powers, J., made April 4, 1893, refusing to set aside the verdict in the action and grant a new trial.
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Appeal by defendants, John B. McKinnon, Frank Jerome, Henry R. Nolan, N. S.- Gervais and E. W. Wile, from an order of the District Court of Polk County, Gorham Powers, J., made April 4, 1893, refusing to set aside the verdict in the action and grant a new trial. John Paterson was on May 21, 1890, appointed by the Board of County Commissioners, Sheriff of Polk County for the residue of that year to ñll a vacancy, pursuant to 1878 G. S. ch. 8, § 19G. He accepted and lie and his sureties gave their joint and several bond to the State of Minnesota in the penal sum of $5,000 conditioned that if he…
1Opinion of the CourtColliks, J.
The real questions involved in this appeal are whether in an action brought against sureties in an official bond, given by a sheriff, and-conditioned for the faithful performance of the duties of his office, (1878 G. S. ch. 8, § 193,) a judgment which has been ren*321dered against sncb sheriff for official misconduct is admissible in evidence, and also, if it be admissible, to what extent are the sureties bound. A great number of decisions have been cited upon the subject, and there is much diversity of opinion as to the effect of such a judgment. In some of the states it is held that it is of no…
2Cases cited12 opinions
- Pioneer Savings & Loan Co. v. BartschSupreme Court of Minnesota · 1892
- Taylor v. Johnson ex rel. A. W. & W. P. CarmichaelSupreme Court of Georgia · 1855
- People ex rel. Norris v. MersereauMichigan Supreme Court · 1889
- Thomas v. . HubbellNew York Court of Appeals · 1857
- Stephens v. ShaferWisconsin Supreme Court · 1879
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hanson v. DavisonSupreme Court of Minnesota · 1898
- United States Fidelity & Guaranty Co. v. HaggartCourt of Appeals for the Eighth Circuit · 1908
- Gilloley v. SampsonSupreme Court of Minnesota · 1938
- Becker v. KozaDistrict Court, D. Nebraska · 1971
- County of Stark v. MischelNorth Dakota Supreme Court · 1916
8 more not listed; retrieve them via the Exa API.