State ex rel. Treasurer of State v. Bowman
Ohio Supreme Court
This is an action of debt from the county of Perry. It is brought on a county treasurer’s bond bearing date December 12, 1833. The bond is conditioned, “ if the above-bound Henry Filler, who has been elected treasurer of Perry county, shall pay over all money that shall come into his hands by virtue of his office, and do and perform all other things necessary to be done in his office as* treasurer, agreeably to law, for the term of two years, and until his successor shall bo…
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This is an action of debt from the county of Perry. It is brought on a county treasurer’s bond bearing date December 12, 1833. The bond is conditioned, “ if the above-bound Henry Filler, who has been elected treasurer of Perry county, shall pay over all money that shall come into his hands by virtue of his office, and do and perform all other things necessary to be done in his office as* treasurer, agreeably to law, for the term of two years, and until his successor shall bo elected and qualified, then the above bond to be void,” etc. The name of Henry Filler appears in the body of the bond…
1Opinion of the CourtGrimke, J.
The question presented for consideration is, are the sureties liable when the bond has not been signed or sealed by the principal obligor? The principal is dead, so that no objection is made to the form of the action; although the bond is joint and several, the defense is, that-the instrument is not a valid one.
In 5 Com. Dig. 148, tit. Officer, it is laid down, “ that no bond or writing may be exacted from the subject to the king or other person, to do that which by law'he was bound to do to the king, and such bond will be void, and the defendant may plead duress.’ And this rigorous principle…
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