Hume v. Kelly
Oregon Supreme Court
Appeal from Multnomah: E. D. Shattuck, Judge. This action was instituted in the name of Wilson T. Hume, district attorney, to recover upon the official bond of the defendant Penumbra Kelly, given as sheriff and tax collector of Multnomah County, Oregon, with the defendants George B. Markle and E. B. McFarland as sureties.
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Appeal from Multnomah: E. D. Shattuck, Judge. This action was instituted in the name of Wilson T. Hume, district attorney, to recover upon the official bond of the defendant Penumbra Kelly, given as sheriff and tax collector of Multnomah County, Oregon, with the defendants George B. Markle and E. B. McFarland as sureties. The bond was given to the State of Oregon, in the penal sum of four hundred thousand dollars, conditioned that “if the said Penumbra Kelly shall well and truly and faithfully perform and execute his duties as such tax collector, according to law, and according to the…
1Opinion of the Court
Opinion by
Mr. Justice Wolverton.
1. The corporations and persons entitled to sue and recover upon official undertakings of the nature of the one set out herein are appropriately and sufficiently designated by statute. Section 340, Hill’s Code, provides that “The official undertaking or other security of a public officer to the state, or to any county, city, or other municipal or public corporation of like character therein, shall be deemed a security to the state, or to such county, city, town, or other municipal or public corporation as the case may be, and also, *405to all persons severally for…
2Cases cited18 opinions
- Martel v. SomersTexas Supreme Court · 1863
- Morford v. DieffenbackerMichigan Supreme Court · 1884
- Harris v. Plant & Co.Supreme Court of Alabama · 1858
- Foste v. Standard InsuranceOregon Supreme Court · 1894
- State v. Baker CountyOregon Supreme Court · 1893
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3Cited by8 opinions
- York v. NashOregon Supreme Court · 1903
- Arment v. Yamhill CountyOregon Supreme Court · 1896
- Brower Lumber Co. v. MillerOregon Supreme Court · 1898
- Eklof v. PerssonOregon Supreme Court · 2022
- Myers v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1911
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