Irwin v. Crook & Beman
Supreme Court of Colorado
Error to District Court of Laico County. In January, 1888, a money judgment was rendered by the county court of Lake county in favor of plaintiff in error, Jeremiah Irwin, and against George E. and John King. The Kings undertook to perfect an appeal to the district court. In pursuance of statute the county court entered an order fixing the time within which the appeal bond should be filed, and directing the clerk to approve the same.
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Error to District Court of Laico County. In January, 1888, a money judgment was rendered by the county court of Lake county in favor of plaintiff in error, Jeremiah Irwin, and against George E. and John King. The Kings undertook to perfect an appeal to the district court. In pursuance of statute the county court entered an order fixing the time within which the appeal bond should be filed, and directing the clerk to approve the same. Within the time thus designated, the Kings presented to the clerk a bond apparently perfect in all respects, being duly signed and sealed by themselves as…
1Opinion of the CourtChief Justice Helm
Delivery is undoubtedly essential to the validity of a bond, whether it be given in perfecting an appeal or.for some other purpose. In providing for statutory bonds, the law usually directs that some official, who is a disinterested third party, shall approve the sufficiency of the sureties executing the same. It is contended in the present case that the omission of the clerk’s approval from the appeal bond, coupled with his assurances to the sureties, avoided all liability on their part to the obligee. The correctness of this contention cannot be conceded.
First. The approval of a statutory…
2Cases cited8 opinions
- State v. PeckSupreme Judicial Court of Maine · 1865
- Brown v. FeeterNew York Supreme Court · 1831
- Burgess v. LloydCourt of Appeals of Maryland · 1854
- McCracken v. ToddSupreme Court of Kansas · 1862
- Smock v. HarrisonIndiana Supreme Court · 1880
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3Cited by10 opinions
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- Dackich v. BarichMontana Supreme Court · 1908
- Nichols & Shepard Co. v. HorstadSouth Dakota Supreme Court · 1911
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