Custer County v. Albien
South Dakota Supreme Court
Appeal from circuit court, Custer county. Hon. Charles M, Thomas, Judge. Action upon official bond. Judgment for plaintiff. Defendants Albien and EJeeman appeal. The facts are stated in tbe opinion. The verdict must conform to the issue, and must not go beyond or contradict the pleadings. And if the court, instead of having the verdict corrected by jury, attempt to correct it by the judgment, and go beyond theverdict, it is error.
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Appeal from circuit court, Custer county. Hon. Charles M, Thomas, Judge. Action upon official bond. Judgment for plaintiff. Defendants Albien and EJeeman appeal. The facts are stated in tbe opinion. The verdict must conform to the issue, and must not go beyond or contradict the pleadings. And if the court, instead of having the verdict corrected by jury, attempt to correct it by the judgment, and go beyond theverdict, it is error. Boss v. Anstill, 2 Cal. 183; Benedict v. Bray, 2 Cal. 281; Seale v. Emerson, 25 Cal. 294; Tevis v. Hicks, 4 Cal. 123; Cummins v. Peters, 56 Cal. 597; Thomas v.…
1Opinion of the CourtKellam, J.
This was an action upon the official bond of Edwin H. Flynn, as treasurer of the respondent county. The bond ran to “J. F. Street, F. A. Towner, and Joseph Humphrieus, as commissioners, and their successors in office,” and was in the penal sum of $10,000, “for which payment, well and truly to be made, we jointly and severally bind ourselves in the amount set opposite our respective names,” etc. The condition was: “That whereas, the abpyg-named Edwin H. Flynn was on the 6th day of *485November, 1889, duly'elected treasurer in and for the county of Custer, in said county, for the term of two years,…
2Cases cited4 opinions
- County of Bay ex rel. Houghtaling v. BrockMichigan Supreme Court · 1880
- People v. LoveCalifornia Supreme Court · 1864
- People v. HusonCalifornia Supreme Court · 1889
- Town of Platteville v. HooperWisconsin Supreme Court · 1885