Wadsworth & Co. v. Gerhard
Supreme Court of Iowa
Appeal from Clinton Ci/rcwit Court. It is averred in the petition that in the year 1873 J. IT. Walliker was elected sheriff of Clinton county, and that on the 18th day of December, 1873, he duly qualified, and executed unto said county his official bond, with the defendants as his sureties; that about the 18th of December, 1874, the plaintiffs herein commenced an action by attachment against one Parkinson, and the writ of attachment was duly issued and delivered to said…
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Appeal from Clinton Ci/rcwit Court. It is averred in the petition that in the year 1873 J. IT. Walliker was elected sheriff of Clinton county, and that on the 18th day of December, 1873, he duly qualified, and executed unto said county his official bond, with the defendants as his sureties; that about the 18th of December, 1874, the plaintiffs herein commenced an action by attachment against one Parkinson, and the writ of attachment was duly issued and delivered to said Walliker, who levied the same upon certain property of the defendant in said attachment suit; that said sheriff wrongfully…
1Opinion of the CourtRothrock, J.
i. stato™ of action on officiaUiond: sureties. By section 2529 of the Code, actions “ against a sheriff or other public officer growing out of a liability incurred by the doing of an act in an official capacity, or by the omission of an official , .... duty,” must be brought within three years, and not afterward. It is conceded by counsel for appellant that, if no action had been brought against the sheriff within the time prescribed by this statute, none could now be maintained against him nor his sureties, But it is urged that as the action against the sheriff was commenced within the…
2Cases cited2 opinions
- Boone County v. JonesSupreme Court of Iowa · 1880
- Charles v. HoskinsSupreme Court of Iowa · 1863
3Cited by3 opinions
- Kuhl v. ChamberlainSupreme Court of Iowa · 1908
- Baie v. RookSupreme Court of Iowa · 1937
- Sheldon v. Chicago Bonding & Surety Co.Supreme Court of Iowa · 1921