State v. McDonald
Idaho Supreme Court
APPEAL from District Court, Shoshone County. Cunningham was appointed to the office of sheriff; the bond sued on recites that he was elected. It is true that he was elected, and it is also true that he was appointed, and that the bond sued on was given by him as sheriff in pursuance of said appointment.
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APPEAL from District Court, Shoshone County. Cunningham was appointed to the office of sheriff; the bond sued on recites that he was elected. It is true that he was elected, and it is also true that he was appointed, and that the bond sued on was given by him as sheriff in pursuance of said appointment. Defendants cannot avoid their obligation because of the recital that Cunningham was “elected”; they are estopped from denying any fact recited in the bond, when by such denial they seek to avoid the bond in an action between the parties to the bond. (Murfree on Official Bonds, sec. 133; Shaw…
1Opinion of the CourtSullivan, J.
This is an action to recover on an official bond. One Richard A. Cunningham was elected sheriff of Shoshone county on the first day of October, 1890, and on November 26, 1890, filed his official bond. Thereafter a question was raised as to the validity of his acts as sheriff, on the ground that he had failed to qualify as sheriff within thirty days after his election. To avoid any complications that might in the future arise by reason of that fact, Cunningham was appointed sheriff of said county by the governor of the state, and on the .suggestion of the board of county commissioners he filed…
2Cases cited5 opinions
- People ex rel. Pixley v. StrattonCalifornia Supreme Court · 1864
- Kurtz v. ForquerCalifornia Supreme Court · 1892
- Taylor County v. KingSupreme Court of Iowa · 1887
- People v. SlocumIdaho Supreme Court · 1866
- People v. StacyCalifornia Supreme Court · 1887
3Cited by7 opinions
- Clark v. Bank of HennesseySupreme Court of Oklahoma · 1904
- City of Pocatello v. FargoIdaho Supreme Court · 1925
- Deer Lodge County v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1910
- Hoebel v. Utah-Idaho Livestock Loan Co.Idaho Supreme Court · 1924
- Pocatello Independent School District Number One v. FargoIdaho Supreme Court · 1924
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