Turner, Frazer & Co. v. Killian
Nebraska Supreme Court
Error to the district court for Hall county. Heard below before Post, J. ' cited Noble v. Himeo, ante p. 193. Huffman v. Kopplekom, 8 Neb., 344. Brandt on Suretyship, 627. Cooley on Torts, 397, On validity of mortgage, cited Robinson v. Elliott, 22 Wall., 513. Frankhouser v. Ellett, 22 Kan., 127. Goodheart v, Johnson, 88 111., 58. claimed that act of sheriff was a wilful trespass for which sureties are not liable, it being done virtióte ■officii, and not colore officii.
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Error to the district court for Hall county. Heard below before Post, J. ' cited Noble v. Himeo, ante p. 193. Huffman v. Kopplekom, 8 Neb., 344. Brandt on Suretyship, 627. Cooley on Torts, 397, On validity of mortgage, cited Robinson v. Elliott, 22 Wall., 513. Frankhouser v. Ellett, 22 Kan., 127. Goodheart v, Johnson, 88 111., 58. claimed that act of sheriff was a wilful trespass for which sureties are not liable, it being done virtióte ■officii, and not colore officii. Story v. Jennings, 14 Ohio State, 43. Ottenstein v. Alpaugh, 9 Neb., 237. Ex pa/rte Reed, 4 Hill, 572. State v. Mann, 21…
1Opinion of the Court
Lake, Ch. J.
This is a petition in error from Hall county. The action below was against Joseph Killian, the sheriff of that county, and his sureties, upon his official bond to recover damages alleged to have been sustained by the plaintiffs as mortgagees of certain personal property, in consequence of its seizure and sale by that officer under a ■process which he held against the property of the mort*582gagor. To the petition several demurrers were interposed, one by the sheriff, and one by his sureties. These: demurrers, which were general, were sustained, and it is. this ruling of the court that…
2Cases cited5 opinions
- Huffman v. KoppelkomNebraska Supreme Court · 1879
- Phelan v. BoylanWisconsin Supreme Court · 1870
- Kane v. Union Pacific RailroadNebraska Supreme Court · 1876
- Pyle v. WarrenNebraska Supreme Court · 1873
- Skinner v. PhillipsMassachusetts Supreme Judicial Court · 1808
3Cited by20 opinions
- American Guaranty Co. v. McNieceOhio Supreme Court · 1924
- Davis v. ScottNebraska Supreme Court · 1887
- Chaffee v. Atlas Lumber Co.Nebraska Supreme Court · 1895
- City of Scottsbluff v. Southern Surety Co.Nebraska Supreme Court · 1933
- Longfellow v. BarnardNebraska Supreme Court · 1899
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