Crawford v. Howard
Supreme Court of Georgia
Debt, in Baker Superior Court. Decision by Judge Warren, December Term, 1850. This was an action against the sureties upon a Sheriff’s bond, alleged in the declaration to have been executed and delivered to George R. Gilmer, then Governor of the State, conditioned, that “ if the said Sheriff should well and truly do and perform all and singular the duties required of him in virtue of his said office of Sheriff, as aforesaid, according to law and the trust reposed in him,…
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Debt, in Baker Superior Court. Decision by Judge Warren, December Term, 1850. This was an action against the sureties upon a Sheriff’s bond, alleged in the declaration to have been executed and delivered to George R. Gilmer, then Governor of the State, conditioned, that “ if the said Sheriff should well and truly do and perform all and singular the duties required of him in virtue of his said office of Sheriff, as aforesaid, according to law and the trust reposed in him, then the obligation to be void,” &c. The breach assigned was the escape of a defendant in ca. sa. in the custody of the…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] We hold the bond in this case invalid as a statutory bond, because not taken in conformity with the law in this, that it was executed more than thirty days after the election of the Sheriff. 1 Kelly, 581. We do not hold that it is void under our Statutes, because it is not in terms a bond to hold the Sheriff liable for the acts of his deputy. The laws of this State make no such requirement. The Act of 1799 authorizes the Sheriff to appoint deputies, and declares that he shall be bound, in bond with security, for the faithful performance of…
2Cases cited3 opinions
- Wilcox v. SmithNew York Supreme Court · 1830
- Commonwealth v. FowlerMassachusetts Supreme Judicial Court · 1813
- M'Instry v. TannerNew York Supreme Court · 1812
3Cited by21 opinions
- State ex rel. Berge v. LansingNebraska Supreme Court · 1895
- Smith & Bondurant v. MeadorSupreme Court of Georgia · 1885
- Gunn v. TackettSupreme Court of Georgia · 1881
- Kendrick v. AdamsonCourt of Appeals of Georgia · 1935
- State ex rel. Bickford v. CockeTexas Supreme Court · 1881
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