Guernsey v. Tuthill
South Dakota Supreme Court
Appeal from circuit court, Miunehaha county. Hon. Joseph W. Jones, Judge. Action by O. E. Guernsey against John W. Tuthill and others on an official bond. There was judgment for plaintiff, and defendants appeal from an order denying a new trial. A judge of a circuit- court has no power to administer oaths. Comp. Laws § 487. Under the statut.es of this state an individual cannot bring suit upon a bond given by a sheriff which runs to the county. Comp.
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Appeal from circuit court, Miunehaha county. Hon. Joseph W. Jones, Judge. Action by O. E. Guernsey against John W. Tuthill and others on an official bond. There was judgment for plaintiff, and defendants appeal from an order denying a new trial. A judge of a circuit- court has no power to administer oaths. Comp. Laws § 487. Under the statut.es of this state an individual cannot bring suit upon a bond given by a sheriff which runs to the county. Comp. Laws § 1373; Murfree Official Bonds §§ 475; 481; Cormichael v. Moore 88 N. C. 39; People v. Norton, 9 N. Y. 176. Under the evidence in this case…
1Opinion of the CourtCorson, J.
This is an action against the sureties of Chelsea W. Hubbard, as sheriff of Minnehaha-county, on his official bond. A verdict was rendered in favor of the plaintiff, and from the order overruling the motion for a new trial the defendants appeal to this court. It was conceded that Chelsea W. Hubbard was the duly-elected sheriff of Minnehaha county; that the defendants were sureties upon his official bond; that the bond was in the usual form, executed to the county of Minnehaha, and was duly approved by the county commissioners of said county, and properly recorded. The appellants ask for a…
2Cases cited9 opinions
- Manning, Bowman Co. v. . KeenanNew York Court of Appeals · 1878
- Gerber v. AckleyWisconsin Supreme Court · 1875
- Welter v. JacobsonNorth Dakota Supreme Court · 1897
- Stone v. O'BrienSupreme Court of Colorado · 1884
- Tuttle v. RobinsonIllinois Supreme Court · 1875
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3Cited by13 opinions
- Stinchcomb v. PattesonSupreme Court of Oklahoma · 1917
- Propst v. StateCourt of Special Appeals of Maryland · 1968
- Dickinson v. First National BankNorth Dakota Supreme Court · 1933
- Bidgood v. Monarch Elevator Co.North Dakota Supreme Court · 1900
- Burkland v. BlissSouth Dakota Supreme Court · 1933
8 more not listed; retrieve them via the Exa API.