Board of Education v. Sweeney
South Dakota Supreme Court
Appeal from district court, Pennington county. Hon. Charles M. Thomas, Judge. Action upon the official bond of Bentley B. Benedict, probate judge of Pennington county. Verdict and judg ment for plaintiff. Defendant appeals. The facts are stated in the opinion. The instrument in suit is not a bond and will not support an action because not executed by the principal.
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Appeal from district court, Pennington county. Hon. Charles M. Thomas, Judge. Action upon the official bond of Bentley B. Benedict, probate judge of Pennington county. Verdict and judg ment for plaintiff. Defendant appeals. The facts are stated in the opinion. The instrument in suit is not a bond and will not support an action because not executed by the principal. Bernard v. Viel, 21 Wend, 88; Russell v. Annable, 109 Mass. 72; Pepper v. State, 22 Ind. 399; Johnson v. Kimball, 39 Mich. 187; Hall v. Parker, 37 Mich. 590; Bunn v. Jetmore, 70 Mo. 228; Ferry v. Burchard, 21 Conn. 602; Story on…
1Opinion of the CourtCorson, P. J.
This was an action on the official bond of Bentley B. Benedict, probate judge of Pennington county. A *643trial was had before a jury, and a verdict and judgment rendered for plaintiff. A motion for a new trial was made and overruled, and the defendants appeal from the judgment and order overruling the motion for a new trial. The bond upon which the action was based is as follows:
< ‘Official Bond and Oath for County Officers.
“Know all men by these presents that we, Bentley B. Benedict, as principal, and Francis J. McMahon, Joseph B. Gos-sage, Abram Boland, Thomas Sweeney, Joseph B. Gossage, P. B.…
2Cases cited16 opinions
- Dair v. United StatesSupreme Court of the United States · 1873
- Bean v. ParkerMassachusetts Supreme Judicial Court · 1822
- Russell v. AnnableMassachusetts Supreme Judicial Court · 1871
- State v. PeckSupreme Judicial Court of Maine · 1865
- Johnson v. Erskine ex rel. HangerTexas Supreme Court · 1852
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3Cited by10 opinions
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- Gay v. MurphySupreme Court of Missouri · 1896
- Black Hills Mercantile Co. v. GardinerSouth Dakota Supreme Court · 1894
- Martin v. HornsbySupreme Court of Minnesota · 1893
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