Ottenstein v. Alpaugh
Nebraska Supreme Court
Error to Lincoln county district court. Heard there upon demurrer to the petition before Ga.slin, J., demurrer sustained, and action dismissed as to defendants, who were sureties on the bond upon which the action was brought.
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Error to Lincoln county district court. Heard there upon demurrer to the petition before Ga.slin, J., demurrer sustained, and action dismissed as to defendants, who were sureties on the bond upon which the action was brought. If the certificate of indebtedness, authenticated with the seal, is entirely illegal, yet the clerk is bound by law to keep the seal of the county, and not use nor permit its use upon any paper or in any manner not directed by law, and sncb 'use forfeits his bond and gives the party injured a right to recover. Gen. Stat., 239, see. 38. The instrument, or certificate of…
1Opinion of the CourtLake, J.
The condition of the official bond on which the several defendants, who demurred to. Em petition, were sureties, was that their co-defendant, Alpaugh, should “ render a true account of his office,” etc., and “faith*240fully and impartially, and without fear, favor, fraud, or oppression, perform all other duties now or hereafter required of his office by law.”
This bond is the measure of the obligation which these sureties took upon themselves. It was for the faithful performance by said Alpaugh of all the various and official acts and duties, which he as county clerk might legally be called upon…
2Cases cited1 opinion
- Huffman v. KoppelkomNebraska Supreme Court · 1879
3Cited by11 opinions
- Lowe v. the City of GuthrieSupreme Court of Oklahoma · 1896
- State v. PorterNebraska Supreme Court · 1903
- State v. MooreNebraska Supreme Court · 1898
- Marquis v. WillardWashington Supreme Court · 1895
- County of Hawaii v. PurdyHawaii Supreme Court · 1914
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