People v. Jenkins
California Supreme Court
Appeal from the Fifteenth District. Suit against the sureties upon the official bond of one Brown as Assessor of Butte county. Brown was elected Assessor at the general election on the first day of September, 1858, received in the same month from the Board of Supervisors a certificate of election for one year from the first Monday in October, and on the second of October filed his bond, which was joint and not several, duly approved by the County Judge.
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Appeal from the Fifteenth District. Suit against the sureties upon the official bond of one Brown as Assessor of Butte county. Brown was elected Assessor at the general election on the first day of September, 1858, received in the same month from the Board of Supervisors a certificate of election for one year from the first Monday in October, and on the second of October filed his bond, which was joint and not several, duly approved by the County Judge. From that time to October 19th, 1858, he received from the proper officer three hundred and ninety poll tax receipts, at four dollars each,…
1Opinion of the CourtBaldwin, J.
Field, C. J. concurring.
1. The principal obligor and his sureties are in no condition to question the regularity of the election of the principal, or his responsibility for acts done in an official capacity. The principal had at least the color of office by his appointment, and the bond estops him and his sureties signing it from denying his official character.
2. The point that an administrator on Brown’s estate should have been appointed and joined as defendant, is answered by the statute which makes official bonds joint and several.
3. The mere passiveness of the Board of Supervisors, in not…
2Cited by8 opinions
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- Holt County v. ScottNebraska Supreme Court · 1897
- People v. HusonCalifornia Supreme Court · 1889
- Price v. ScottWashington Supreme Court · 1896
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