Studebaker v. Johnson
Supreme Court of Kansas
Error from, Jewell District Court. Action brought by the plaintiffs in error against the defendants in error. Trial by the court at the June term, 1887. The special findings made by the court sufficiently state the facts, and are as follows: “At the regular election of 1881, the defendant O. F. Johnson was first elected sheriff of Jewell county, Kansas, his term of office beginning on the second Monday of January following; and in the fall of 1883 he was reelected, and held…
Read the full summary
Error from, Jewell District Court. Action brought by the plaintiffs in error against the defendants in error. Trial by the court at the June term, 1887. The special findings made by the court sufficiently state the facts, and are as follows: “At the regular election of 1881, the defendant O. F. Johnson was first elected sheriff of Jewell county, Kansas, his term of office beginning on the second Monday of January following; and in the fall of 1883 he was reelected, and held such office until January, 1886. In April, 1883, the plaintiffs obtained judgment in the district court of Jewell county…
1Opinion of the Court
Opinion by
Clogston, C.:
Plaintiffs contend that upon the findings of fact found by the court they were entitled to a judgment against Johnson, as sheriff, and the sureties on his official bond. Whatever money was received by Johnson as sheriff under the order of sale was received during his first term of office. This money was duly paid over to the plaintiffs. It was his duty^however, at the time of making the sale to collect all of the purchase-money; and where a sheriff fails to collect all of the purchase-money at a sale made by him under an order of sale, and afterward makes his return…
2Cases cited1 opinion
- Ferguson v. TuttSupreme Court of Kansas · 1871
3Cited by4 opinions
- Cassady v. SholtzSupreme Court of Florida · 1936
- Roberts v. Dean Cone v. DeanSupreme Court of Florida · 1938
- Roberts v. Dean Cone v. DeanSupreme Court of Florida · 1938
- Munger v. SanfordMichigan Supreme Court · 1906