Woodman v. Calkins
Montana Supreme Court
Appeal from, First Judicial District, Lewis and Clarice County. Action on bond. Judgment on the pleadings was rendered for the plaintiff' by Hunt, J. Statement of the case by the justice delivering the opinion.
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Appeal from, First Judicial District, Lewis and Clarice County. Action on bond. Judgment on the pleadings was rendered for the plaintiff' by Hunt, J. Statement of the case by the justice delivering the opinion. Tliis action is commenced by plaintiff, as constable, against the defendants, who were sureties on an undertaking to indemnify plaintiff, as constable, for holding property which he had seized on an attachment, and which was claimed by persons other than the defendant in the attachment suit. Archie Beaton brought suit against Patrick Leo, in the justice court, to recover seventy-four…
1Opinion of the CourtHarwood, J.
The foregoing statement of the case by Mr. Justice DeWitt, is sufficient for the purposes of this decision. The judgment of the trial court, in our opinion, should be affirmed.
Beaton, the principal, who procured the undertaking to be executed by the sureties on his behalf, and received the attached money from the officer (which money was not subject to the attachment), was liable therefor, without signing the undertaking, in an action by the officer, as well as to reimburse his sureties for whatever they were compelled to pay by reason of their engagement in said undertaking, on behalf of the…
2Cases cited4 opinions
- Pierse v. MilesMontana Supreme Court · 1885
- Wibaux v. Grinnell Live Stock Co.Montana Supreme Court · 1889
- Ney v. OrrMontana Supreme Court · 1877
- Hedderick v. PontetMontana Supreme Court · 1887
3Cited by10 opinions
- Empire State Surety Co. v. Carroll CountyCourt of Appeals for the Eighth Circuit · 1912
- Guaranty Trust Co. of New York v. KoehlerCourt of Appeals for the Eighth Circuit · 1912
- Gay v. MurphySupreme Court of Missouri · 1896
- American Surety Co. v. PangburnIndiana Supreme Court · 1914
- Cockrill v. DavieMontana Supreme Court · 1894
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