State Ex Rel. Causey v. Causey
Supreme Court of South Carolina
Before DeVore, J., Hampton, Action by State of South Carolina, ex relatione L. F. Causey, clerk of court, against R. E. Causey, executor of W. B. Causey, The United States Eidelity and Guaranty Co-, and Gulf and Atlantic Insurance Co. Both parties appeal. cite: Acts virtuti or colore officii: 71 S. C. 154; 4 N. Y. 173; 1 Fed.
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Before DeVore, J., Hampton, Action by State of South Carolina, ex relatione L. F. Causey, clerk of court, against R. E. Causey, executor of W. B. Causey, The United States Eidelity and Guaranty Co-, and Gulf and Atlantic Insurance Co. Both parties appeal. cite: Acts virtuti or colore officii: 71 S. C. 154; 4 N. Y. 173; 1 Fed. Cases 183; 111 U. S. 17; 84 Fed. 400; 29 Cyc. 1455, 1456, 1452; 110 Mich. 156; 5 Ohio S. & C. P. Dec. 442; 5 Ohio N. P. 321; 131 N. C. 396. cites: Sureties on an official bond is not liable for funds wrongly collected by their principal: 6 Ency. 142; 41 W. Va. 744;'29…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
W. B. Causey, upon his election as clerk of court for Hampton county, executed his bond on the 2d of January, 1905, with The United States Fidelity and Guaranty Company, as surety. At the expiration of his term of office he was re-elected, and executed a new bond, dated the 6th of January, 1909, with the Gulf and Atlantic Insurance Company, as surety. Both bonds contained the condition as required by the statute, that the officer “shall well and truly perform the duties of said office, as now or hereafter required b)r law, during…
2Cases cited7 opinions
- Vivian v. OtisWisconsin Supreme Court · 1869
- Inhabitants of Rochester v. RandallMassachusetts Supreme Judicial Court · 1870
- City of Detroit v. WeberMichigan Supreme Court · 1874
- Township of Paw Paw v. EgglestonMichigan Supreme Court · 1872
- Heuitt v. State ex rel. BrownCourt of Appeals of Maryland · 1823
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3Cited by4 opinions
- Aetna Casualty & Surety Co. v. Board of SupervisorsSupreme Court of Virginia · 1933
- Smith, Probate Judge v. MooreSupreme Court of South Carolina · 1917
- Anderson County v. GriffinSupreme Court of South Carolina · 1932
- State v. BowenSupreme Court of South Carolina · 1919