Cooper v. People ex rel. Madison County

It will he necessary to notice but a single question arising on this record. The suit is upon the bond given by the sheriff to secure the performance of his duties, generally, as sheriff. The ground upon which a recovery is claimed, is, the failure of the sheriff to pay into the county treasury the commissions retained by him out of the revenue for collecting it, in excess of the amount to which he is entitled as compensation under the allowance of the county hoard. The rule is of familiar

recognition in this court, that the undertaking of a surety is to be construed strictly, and that he is…