Feller v. Gates
Oregon Supreme Court
From Marion: Geo. H. Burnett, Judge. Action of conversion by Francis Feller against John H. Gates and others commenced in March, 1900, to recover from a constable and the sureties on his official undertaking the •sum of $126.40, alleged to have been received by virtue of his office and converted to his own use.
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From Marion: Geo. H. Burnett, Judge. Action of conversion by Francis Feller against John H. Gates and others commenced in March, 1900, to recover from a constable and the sureties on his official undertaking the •sum of $126.40, alleged to have been received by virtue of his office and converted to his own use. The complaint alleges, in substance, that the defendant John H. Gates was duly elected constable of the district of "Woodbum, Marion County, Oregon, for a term of two years, beginning on the first Monday in July, 1898, and that prior thereto he took the prescribed oath of office, and…
1Opinion of the CourtJustice Moore
It is contended by plaintiff’s counsel that Gates received said sum of $126.40 in his official capacity as constable, and, not having repaid it upon plaintiff’s demand, the sureties on his official undertaking are liable for his conversion thereof, and hence the court erred in sustaining the demurrer to the complaint and in dismissing the action. “The sureties of a sheriff or constable, ’ ’ says Mr. Brandt in his work on Surety-ship and Guaranty (2 ed.), § 566, “are liable for his acts in seizing property which are done virtute officii, but whether or not they are liable for his acts done…
2Cases cited4 opinions
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