Hixon v. Cupp
Supreme Court of Oklahoma
Error from the District Court of Logan County. STATEMENT OP PACTS. This was an action brought by the defendant in error against Hixon, and bis sureties on his official bond, as sheriff of Logan county, for trespass against the person of the defendant in error, committed under the following circumstances: Cupp was arrested on February 13, 1892, upon a warrant duly issued by a justice of the peace of Logan county, and bis bail having been fixed at $250, he was unable…
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Error from the District Court of Logan County. STATEMENT OP PACTS. This was an action brought by the defendant in error against Hixon, and bis sureties on his official bond, as sheriff of Logan county, for trespass against the person of the defendant in error, committed under the following circumstances: Cupp was arrested on February 13, 1892, upon a warrant duly issued by a justice of the peace of Logan county, and bis bail having been fixed at $250, he was unable immediately to procure it and was, by Hixon, under and by virtue of the warrant of arrest, confined in the common jail of Logan…
1Opinion of the Court
The opinion of the court was delivered by
MoAtee, J.:
This cause is brought here upon numerous assignments of error, which are argued in the briefs chiefly upon two propositions, to-wit: (1) That the sheriff was not liable on his official bond for the acts charged, and (2) that if liable on the bond, an action would not lie against the sureties until a judgment had first been obtained against the sheriff in an independent action.
The sections of the statute under which the action was brought are found on p. 392, of the Statutes of Oklahoma, 1890. They provide, in § 1749, that:
“ * * The sheriff…
2Cases cited3 opinions
- People Ex Rel. Kellogg v. SchuylerNew York Court of Appeals · 1850
- Hoye v. RaymondSupreme Court of Kansas · 1881
- Bennett v. VinyardSupreme Court of Missouri · 1863
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- Meshek v. CordesSupreme Court of Oklahoma · 1933
- Ratliff v. StanleyCourt of Appeals of Kentucky (pre-1976) · 1928
- State ex rel. Tyler v. GobinU.S. Circuit Court for the District of Indiana · 1899
- State Ex Rel. Schilling v. Oklahoma CitySupreme Court of Oklahoma · 1917
- Henry Winston v. United StatesCourt of Appeals for the Second Circuit · 1962
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