Askay v. Maloney
Oregon Supreme Court
From Multnomah: George G. Bingham, Judge. Department 1. This is the second appeal’of this case. The former opinion may be read in 85 Or. 333 (166, Pac. 29). The defendant Southwestern Surety Company had relied solely on its general demurrer to the complaint but when the case was reversed it filed an answer challenging certain allegations of the complaint, admitting giving two several bonds, one for each of the individual defendants, and setting up substantially that the…
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From Multnomah: George G. Bingham, Judge. Department 1. This is the second appeal’of this case. The former opinion may be read in 85 Or. 333 (166, Pac. 29). The defendant Southwestern Surety Company had relied solely on its general demurrer to the complaint but when the case was reversed it filed an answer challenging certain allegations of the complaint, admitting giving two several bonds, one for each of the individual defendants, and setting up substantially that the detective defendants had arrested one John Jones, who had corpmitted a felony; that he escaped and in their effort to…
1Opinion of the CourtBurnett, J.
1, 2. In passing, it is proper to note that as stated in 29 Cyc. 1451,
“The purpose of an official bond being to protect the government from loss due to the improper performance of an official duty, as well as to insure the proper performance of such official duty, a bond purporting to be an official bond, given when not required by the law, has no legal effect.’.’
This is well supported by authority. It is laid down in Malheur County v. Carter, 52 Or. 616 (98 Pac. 489), that the complaint itself must show the authority for taking an official bond and that the recitals of the instrument itself…
2Cases cited26 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Morris v. PlattSupreme Court of Connecticut · 1864
- Macomber v. NicholsMichigan Supreme Court · 1876
- Morgan v. MulhallSupreme Court of Missouri · 1908
- Supreme Tent Knights of Maccabees of the World v. StenslandIllinois Supreme Court · 1903
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3Cited by28 opinions
- Hansen v. Oregon-Wash. R. & N. Co.Oregon Supreme Court · 1920
- Day v. State Ex Rel. Utah Department of Public SafetyUtah Supreme Court · 1999
- State v. RosascoOregon Supreme Court · 1922
- Bolt v. Influence, Inc.Oregon Supreme Court · 2002
- Davis v. HellwigSupreme Court of New Jersey · 1956
23 more not listed; retrieve them via the Exa API.