Williams v. Golden
Nebraska Supreme Court
Error to the district court of Otoe county. The action there was brought by Golden to recover damages from "Williams and sureties on his bond, on account of a levy and sale of personal property under an execution placed in hands of Williams as constable, and claimed by Golden to be exempt. Judgment below before Pound J., for Golden, and defendants brought the case up by a petition in error.
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Error to the district court of Otoe county. The action there was brought by Golden to recover damages from "Williams and sureties on his bond, on account of a levy and sale of personal property under an execution placed in hands of Williams as constable, and claimed by Golden to be exempt. Judgment below before Pound J., for Golden, and defendants brought the case up by a petition in error. If a bond in excess of the statutory requirement is extorted from the principal as a condition precedent to his entering upon the duties of his office, such bond is not binding. United States v. Mynderse,…
1Opinion of the CourtCobb, J.
The plaintiffs in error make two points:
First, That all the exemption of personal property from forced sale, on execution to which defendant in error was entitled is that provided for by- section 521 of the code, and that the exemption provided for in said section is in lieu of and not in addition to that provided for in section 530. [Gen. Stat., 616, 618.]
Second, That the plaintiffs in error, other than Williams, are not liable, for the reason that there is no sum fixed by law in which constables are required to-give bond, and hence that the bond is void.
As to the first point I do not think…
2Cited by4 opinions
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