Hill v. Kemble
California Supreme Court
Appeal from the District Court of the Eleventh Judicial District, County of Placer. This was an action on the official bond of constable George Haycock, to recover the sum of $428, alleged to have been collected by said Haycock, on two several executions.
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Appeal from the District Court of the Eleventh Judicial District, County of Placer. This was an action on the official bond of constable George Haycock, to recover the sum of $428, alleged to have been collected by said Haycock, on two several executions. In the month of July, 1855, Haycock, as constable, received an execution issued out of Justice Sibley’s Court, in favor of plaintiff, Hill, against Newman and others, for the sum of-dollars, upon which execution Haycock collected the sum of $217. Sometime in the same month, Hill recovered a judgment in said Justice's Court, against…
1Opinion of the CourtTerry, C. J.
The facts, as found by the Court, fully support the judgment.
The sureties, upon the official bond of an officer, are only responsible for his official acts, and not for private debts he may contract on his individual account.
From the time when plaintiff declined to receive the money collected on his execution, and gave the officer permission to use it, it became a loan, for which the officer was individually responsible.
Upon the second judgment, no sum was ever collected by the constable, nor was any execution ever placed in his hands. By an agreement between the parties, the officer…
2Cited by1 opinion
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