Bell v. Peck
California Supreme Court
Appeal from a judgment of the Superior Court of Fresno County, and from an order refusing to set aside the judgment. The facts are stated in the opinion of the court.
1Opinion of the CourtFitzgerald, J.
This action is brought against the defendant Peck as principal, and the defendants Victor and Noble as sureties on Peck’s official bond as constable, to recover damages for breach of the condition thereof “that he and said Peck would well, truly, and faithfully perform the duties of his said office during his said term.”
*36The breach of official duty complained of is that Peck in his official capacity as constable, under and by virtue of an “attachment or execution” issued against the property of other parties, illegally seized and converted the property of plaintiff described in the complaint.
Th…
2Cases cited7 opinions
- Van Pelt v. LittlerCalifornia Supreme Court · 1859
- Cottrell v. CottrellCalifornia Supreme Court · 1890
- Dusy v. PrudomCalifornia Supreme Court · 1892
- Eltzroth v. RyanCalifornia Supreme Court · 1891
- Yuen v. McMannCalifornia Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Miles v. WrightArizona Supreme Court · 1920
- Nichells v. NichellsNorth Dakota Supreme Court · 1895
- Felonicher v. StingleyCalifornia Supreme Court · 1904
- Peters v. WalkerIdaho Supreme Court · 1923
- Ransome-Crummey Co. v. WoodCalifornia Court of Appeal · 1919
4 more not listed; retrieve them via the Exa API.