Legal Opinion

Ellis v. Ham

Supreme Judicial Court of Maine

Decided May 15, 1848PublishedCited by 7 opinions

This case came before the Court on the following statement by the parties. This is an action for money paid upon the following agreed-statement of facts. John Ham, the defendant, was duly elected constable of the-town of Sidney, at the annual March meeting in 1840, and on the eleventh day of said month gave his bond, and was duly qualified; said bond was signed by himself as principal, and by the plaintiff and three others as sureties.

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This case came before the Court on the following statement by the parties. This is an action for money paid upon the following agreed-statement of facts. John Ham, the defendant, was duly elected constable of the-town of Sidney, at the annual March meeting in 1840, and on the eleventh day of said month gave his bond, and was duly qualified; said bond was signed by himself as principal, and by the plaintiff and three others as sureties. On the 16th day of said March, a writ in favor of one John F. Childs against Isaac Cowan was delivered to said Ham for service upon the same day he made…

1Opinion of the Court

The opinion of the Court was drawn up by

Shepley J.

— The defendant having been elected a constable of the town of Sidney, executed a bond on March 11, 1840, with the plaintiff and others as his sureties, for the faithful discharge of his duties. John F. Childs recovered a judgment at the October Term of this Court, in the year 1843, against the defendant for damages occasioned by an official neglect of duty. Failing to obtain satisfaction of that judgment, he caused a suit to be commenced upon the official bond of the defendant. That suit was settled by the sureties, and the plaintiff paid for…

2Cases cited1 opinion

  1. Kellogg v. SchuylerNew York Supreme Court · 1846

3Cited by7 opinions

  1. Mann v. EvertsWisconsin Supreme Court · 1885
  2. McDowell v. BrantleySupreme Court of Alabama · 1885
  3. Manion v. CampbellMissouri Court of Appeals · 1881
  4. Steele v. GravesSupreme Court of Alabama · 1880
  5. Thomas v. LiebkeMissouri Court of Appeals · 1880

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