Rodini v. Lytle
Montana Supreme Court
Appeal from Second Judicial District, Silver Bow County. Action on an official bond. Judgment was rendered for the defendants by McHatton, J., on demurrer to the complaint. Statement of the case by the justice delivering the opinion. The plaintiff recovered a judgment against the defendant Lytle for damages by reason of an unlawful seizure by Lytle, as constable, of personal property belonging to plaintiff.
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Appeal from Second Judicial District, Silver Bow County. Action on an official bond. Judgment was rendered for the defendants by McHatton, J., on demurrer to the complaint. Statement of the case by the justice delivering the opinion. The plaintiff recovered a judgment against the defendant Lytle for damages by reason of an unlawful seizure by Lytle, as constable, of personal property belonging to plaintiff. The seizure by the constable was made in an action in which persons other than this plaintiff were defendants. The judgment was affirmed in 13 Mont. 123. Upon the remittitur filed in the…
1Opinion of the CourtDe Witt, J.
The question raised upon this appeal is, what is the effect, upon the sureties on the official bond, of a judg*450ment rendered against their principal ? There is a direct conflict in the authorities upon this question. (2 Black on Judgments, § 588; Mechem on Public Officers, § 290; Brandt on Suretyship and Guaranty § 637, and cases collected and reviewed in these text books.) It is held by many courts that, when a bond is given to the effect that a principal will do a certain act,- — -as, for instance, pay a certain sum of money, or satisfy a judgment, — then the sureties are bound that he shall…
Also in this document: Concurrence.
2Cases cited7 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Irwin v. BackusCalifornia Supreme Court · 1864
- Carmack v. Commonwealth ex rel. BoggsSupreme Court of Pennsylvania · 1812
- Riddle v. BakerCalifornia Supreme Court · 1859
- Wibaux v. Grinnell Live Stock Co.Montana Supreme Court · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Becker v. KozaDistrict Court, D. Nebraska · 1971
- Ohio Casualty Insurance Co. v. Kentucky Natural Resources & Environmental Protection CabinetCourt of Appeals of Kentucky · 1986
- Thompson v. United StatesCourt of Appeals for the Ninth Circuit · 1935
- Janes v. Fidelity Deposit Co. of MarylandMontana Supreme Court · 1941
- Robinson v. KaaeHawaii Supreme Court · 1915
1 more not listed; retrieve them via the Exa API.