State v. Heisey
Supreme Court of Iowa
Appeal from Jones District Court. Action on a bond executed by the defendant Heisey as principal and the other defendants as his sureties conditioned that said Heisey would faithfully perform in accordance with law the duties of warden of the additional penitentiary at Anamosa, to which office he had been duly elected. A breach of the conditions of the bond was alleged in the petition.
Read the full summary
Appeal from Jones District Court. Action on a bond executed by the defendant Heisey as principal and the other defendants as his sureties conditioned that said Heisey would faithfully perform in accordance with law the duties of warden of the additional penitentiary at Anamosa, to which office he had been duly elected. A breach of the conditions of the bond was alleged in the petition. In an amended answer the defendants pleaded that Heisey was not required by law to give a bond, and tbe one sued on was therefore void. The District Court so held and judgment was rendered for the defendants.…
1Opinion of the CourtSeevers, J.
i official not required: aiuutfonaf penitentiary. The additional penitentiary at Anamosa was established- by an act of the General Assembly passed in 1872. Three commissioners were appointed to • carry out the provisions of the act. They were authorized to elect a warden whose duties and p0werg were declared to be the “ same as prescribed by law for the penitentiary at Fort Madison so far as practicable.” Chapter 43, Acts of the Fourteenth General Assembly.
The Attorney General does not claim there is any statutory provision which in expi’ess terms required the defendant Fleisey to give the…
2Cases cited3 opinions
- Post Master General v. EarlySupreme Court of the United States · 1827
- Sheppard & Morgan v. CollinsSupreme Court of Iowa · 1862
- State v. BartlettMississippi Supreme Court · 1856
3Cited by7 opinions
- Dudley v. RiceWisconsin Supreme Court · 1903
- Town of Merton v. HansenWisconsin Supreme Court · 1930
- Board of County Commissioners v. HarveySupreme Court of Oklahoma · 1898
- Davidson v. BradfordSupreme Court of Iowa · 1927
- Hoeg v. PineSupreme Court of Iowa · 1909
2 more not listed; retrieve them via the Exa API.