Legal Opinion

Clancy v. Kenworthy

Supreme Court of Iowa

Decided December 7, 1887PublishedCited by 31 opinions

Appeal from Mahaska District Court. — Hon. W. R. Lewis, Judge. Action upon the official bond of a constable, to recover, against the principal and sureties, for a breach, of its conditions. There was a judgment upon a verdict for plaintiff Defendants appeal.

1Opinion of the Court

■Beck, J.

— I. The bond sued on is in the form prescribed by statute (Code, sec. 674), and obligates the principal to render a true account of his office as constable, to pay over all moneys coming to his hands in the discharge of his official duties, etc., and to “faithfully and impartially, without fear,, favor, fraud or oppression, discharge all the other duties now or hereafter required of his office by law.” The petition alleges a breach of the conditions of the bond in the following language: “That on or about the nineteenth day of September, 1885, the said J. C. Kenworthy, as said…

2Cases cited1 opinion

  1. Tieman v. HawSupreme Court of Iowa · 1878

3Cited by31 opinions

  1. Helgeson Ex Rel. Helgeson v. PowellIdaho Supreme Court · 1934
  2. King v. BrownTexas Supreme Court · 1906
  3. Abbott v. CooperCalifornia Supreme Court · 1933
  4. State ex rel. McPherson v. BecknerIndiana Supreme Court · 1892
  5. Hall v. TierneySupreme Court of Minnesota · 1903

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