Hollister v. Hubbard
South Dakota Supreme Court
Appeal from Minnehaha county court. ' Hon. William A. Wilkes, Judge. Action by F. H. Hollister against C. W. Hubbard, Thomas H. Brown, John W. Tuthill, Porter P. Peck, and C. C. Carpenter, to recover upon a bond. From a judgment for defendants, plaintiff appeals. The plaintiff was the real party in interest. The action should thereupon be prosecuted in his name although it is upon an official bond which runs to the county. Comp.
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Appeal from Minnehaha county court. ' Hon. William A. Wilkes, Judge. Action by F. H. Hollister against C. W. Hubbard, Thomas H. Brown, John W. Tuthill, Porter P. Peck, and C. C. Carpenter, to recover upon a bond. From a judgment for defendants, plaintiff appeals. The plaintiff was the real party in interest. The action should thereupon be prosecuted in his name although it is upon an official bond which runs to the county. Comp. Laws, § 4870. Under the laws of South Dakota an action upon a sheriff’s bond cannot be brought in the name of an individual, but must be brought in the name of the…
1Opinion of the CourtFuller, J.
In this action by a private person against a sheriff and the sureties on his bond, given to the county as required by statute, a breach of ■ official duty is allegted in the *462complaint, resulting, it is claimed, in damage to plaintiff; and the only point he presents,' on appeal from a judgment entered in accordance with a verdict directed for defendants is whether an action upon a sheriff’s bond must always be brought in the name of the county, for the use of the party beneficially interested, instead of being instituted in the name of the merely real party in interest.
While the statute…
2Cases cited5 opinions
- Rogers v. GosnellSupreme Court of Missouri · 1873
- Kollock v. ParcherWisconsin Supreme Court · 1881
- La Farge v. RickertNew York Supreme Court · 1830
- Stewart v. CarterNebraska Supreme Court · 1876
- Pioneer Fire-Proof & Construction Co. v. McClayNebraska Supreme Court · 1898
3Cited by8 opinions
- Stinchcomb v. PattesonSupreme Court of Oklahoma · 1917
- Guernsey v. TuthillSouth Dakota Supreme Court · 1900
- Burkland v. BlissSouth Dakota Supreme Court · 1933
- County of Minnehaha Ex Rel. Willadsen v. WilladsenSouth Dakota Supreme Court · 1943
- Jackson v. McGilbraySupreme Court of Oklahoma · 1915
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