People Ex Rel. Kellogg v. Schuyler
New York Court of Appeals
This was an action of debt brought in the supreme court, upon the official bond executed by Schuyler as sheriff of the county of Eensselaer, and by the other defendants as his sureties, to the people of the state of blew-York.
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This was an action of debt brought in the supreme court, upon the official bond executed by Schuyler as sheriff of the county of Eensselaer, and by the other defendants as his sureties, to the people of the state of blew-York. The declaration set forth the bond iii the penalty of $10,000, and conditioned that the said Schuyler should “ well and faithfully in all things perform and execute the office of sheriff of said county of Eensselaer, during his continuance in said office by virtue of his election thereto, without fraud, deceit or oppression.” It was alledged for a breach, that on the…
1Dissent
Pratt, J. (dissenting.)
In the examination of this [184] case it becomes necessary, in the first place, to ascertain the precise nature of the covenant into which the sureties of the sheriff have entered, in order that we may be the better prepared to examine the question whether their covenant has been broken. The condition as presented in the statute, which is precisely the same as that set out in the pleadings, is in these words : that the sheriff “ shall well and faithfully in all things, perform and execute the office of sheriff of said county, during his continuance in said office, by…
2Cases cited7 opinions
- Carmack v. Commonwealth ex rel. BoggsSupreme Court of Pennsylvania · 1812
- Morris v. Van VoastNew York Supreme Court · 1838
- Seeley v. BirdsallNew York Supreme Court · 1818
- Bayley v. BatesNew York Supreme Court · 1811
- Dean v. GovernorSupreme Court of Alabama · 1848
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