Huffman v. Koppelkom
Nebraska Supreme Court
Action on an official bond of the defendant in error, sheriff for Dodge county, to recover for a personal injury. Demurrer to the petition heard and sustained by the district court of Dodge county, and cause removed here by petition in error. 1. That an officer is liable for his acts done colore officii we think is settled by the following authorities: Kane v. TI.
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Action on an official bond of the defendant in error, sheriff for Dodge county, to recover for a personal injury. Demurrer to the petition heard and sustained by the district court of Dodge county, and cause removed here by petition in error. 1. That an officer is liable for his acts done colore officii we think is settled by the following authorities: Kane v. TI. P. R. R., 5 Neb., 107-8. People v. Schuyler, 4 Com., 173. Ohio v. Jennings, 4 Ohio S., 419. 2. A sheriff and his sureties are liable on his official bond for trespasses committed by him in attempting to discharge his duty as an…
1Opinion of the CourtLake, J.
The action below was brought against the principal and sureties in the official bond of August Koppelkom, sheriff of Dodge county. A general demurrer to the petition was sustained, and the case is brought to this court for review by petition in error. In support of the demurrer it is urged:
First That no action can be maintained upon this bond, for the reason that the obligee named therein is the State of Nebraska when it should have been Dodge county. “All bonds by county and precinct officers shall be given to the county in which said officers are elected respectively.” Sec. 5, chap. 6, Gen.…
2Cited by27 opinions
- Jones v. Van BeverCourt of Appeals of Kentucky · 1915
- State v. PorterNebraska Supreme Court · 1903
- Hawkins v. ThomasIndiana Court of Appeals · 1891
- Maddox v. HudgeonsCourt of Appeals of Texas · 1903
- Dysart v. LurtySupreme Court of Oklahoma · 1895
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