People v. Ross
California Supreme Court
Appeal from the District Court of the Sixteenth District, Kern County. The plaintiffs appealed. By the statute enacting and organizing the County of Kern, it was provided that the Sheriff of the County should be, ex officio, Tax Collector.
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Appeal from the District Court of the Sixteenth District, Kern County. The plaintiffs appealed. By the statute enacting and organizing the County of Kern, it was provided that the Sheriff of the County should be, ex officio, Tax Collector. The statute contained no provision to the effect that his official bond as Sheriff should serve also as his official bond as Tax Collector, or that he should be required to give but one bond, which should be for the faithful performance of the duties of both offices. The respondent, Boss, was elected Sheriff, and gave a bond with his co-defendants as…
1Opinion of the CourtSanderson, J.
The offices of Sheriff and Tax Collector of Kern County, though held by the same person, are, nevertheless, separate and distinct offices. (Lathrop v. Brittain, 30 Cal. 680.) In the absence of any statute expressly providing that one official bond only shall be required of a person who holds both offices, and that such bond shall be for the faithful performance of the duties of both offices, a separate bond for each office is as much required as if they were held by different persons. (People v. Love, 25 Cal. 520.)
The statute creating Kern County contains no provisión to the effect that the…
2Cases cited3 opinions
- People v. EdwardsCalifornia Supreme Court · 1858
- People v. LoveCalifornia Supreme Court · 1864
- Lathrop v. BrittainCalifornia Supreme Court · 1866
3Cited by11 opinions
- Union Bank & Trust Co. v. County of Los AngelesCalifornia Court of Appeal · 1934
- Attorney General ex rel. McRae v. ThompsonMichigan Supreme Court · 1912
- Ex parte BergmanWyoming Supreme Court · 1890
- State ex rel. Davenport v. LaughtonNevada Supreme Court · 1885
- Swinnerton v. Monterey CountyCalifornia Supreme Court · 1888
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