City & County of Sacramento v. Dunlap
California Supreme Court
Suit upon the official bond of Dunlap, as Recorder of the city of Sacramento, to recover moneys alleged to have been received by him as such Recorder for fines and costs in the criminal cases which he tried. The suit is against Dunlap, as principal, and Gass and Tucker, as sureties. The complaint avers that Dunlap delivered the bond to the city authorities, as his official bond, though he did not sign it. The record does not show service upon any of the defendants.
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Suit upon the official bond of Dunlap, as Recorder of the city of Sacramento, to recover moneys alleged to have been received by him as such Recorder for fines and costs in the criminal cases which he tried. The suit is against Dunlap, as principal, and Gass and Tucker, as sureties. The complaint avers that Dunlap delivered the bond to the city authorities, as his official bond, though he did not sign it. The record does not show service upon any of the defendants. But Dunlap and Gass appeared and filed separate demurrers, on the ground, among others, that the complaint did not state facts…
1Opinion of the CourtField, C. J.
The defendant, Dunlap, was elected Recorder of the city of Sacramento, for one year, Rom April 10th, 1857, and, by an ordinance of the city, was required, before entering upon the discharge of his official duties, to give a bond with two or more sureties for their faithful performance. The instrument upon-which this suit was brought was filed and approved as such bond. It purports to be the joint bond of Dunlap, as principal, and of Gass and Tucker, as sureties, but is only signed by the sureties. It bears neither the signature or seal of Dunlap, and the question for determination is whether…
2Cases cited7 opinions
- Bean v. ParkerMassachusetts Supreme Judicial Court · 1822
- People ex rel. Melony v. WhitmanCalifornia Supreme Court · 1858
- Cutter v. WhittemoreMassachusetts Supreme Judicial Court · 1813
- Johnson v. Erskine ex rel. HangerTexas Supreme Court · 1852
- Sharp v. United StatesSupreme Court of Pennsylvania · 1835
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3Cited by19 opinions
- State v. HillNebraska Supreme Court · 1896
- Kurtz v. ForquerCalifornia Supreme Court · 1892
- Melander v. Western National BankCalifornia Court of Appeal · 1913
- People v. HartleyCalifornia Supreme Court · 1863
- People v. LoveCalifornia Supreme Court · 1864
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