People v. Rix
Michigan Supreme Court
Case reserved from Kalamazoo Circuit. The action was debt, brought upon the official bond of Rix, as sheriff of Kalamazoo county, for the use aud benefit of the President, Directors, and Company of the Michigan State Bank. Upon the trial, the following facts were agreed upon between tbe parties.
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Case reserved from Kalamazoo Circuit. The action was debt, brought upon the official bond of Rix, as sheriff of Kalamazoo county, for the use aud benefit of the President, Directors, and Company of the Michigan State Bank. Upon the trial, the following facts were agreed upon between tbe parties. That defendant Rix was, at the times mentioned in the declaration, sheriff of said county, and, as such, with the other defendants as Ms sureties, executed and delivered the bond declared upon, conditioned that he should well and faithfully in all things perform the duties, and execute the office, of…
1Opinion of the Court
Christiancy J.:
The view we have taken of the second question reserved for our opinion, renders it unnecessary to determine the first.
Whether Balch being the junior commissioner of the county, had or had not power to make the order for the dissolution of the attachment, we are all of opinion the sheriff can not be made liable, under the circumstances presented by the case, for obeying the order — he having acted in good faith.
It is true, as a general rule, that a sheriff or other ministerial officer can not justify under process issued by a *150court or officer having no jurisdiction of the…
2Cited by2 opinions
- Glieberman v. FineMichigan Supreme Court · 1929
- Foster v. WileyCircuit Court of the 48th Circuit of Michigan · 1871