Hubbard v. Switzer
Supreme Court of Iowa
Appeal from Johnson Distriet Oov/rt. The defendant, J. C. Switzer, was at the time of the acts complained of clerk of the Circuit Court of Johnson county. The defendants, Daniel Switzer, O. C. Donaldson and Thomas Hill, were sureties upon his official bond. In November, 1874, the plaintiff recovered a judgment in the said Circuit Court for $417.40 against one J. T. Marsh and one 'Wilson.
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Appeal from Johnson Distriet Oov/rt. The defendant, J. C. Switzer, was at the time of the acts complained of clerk of the Circuit Court of Johnson county. The defendants, Daniel Switzer, O. C. Donaldson and Thomas Hill, were sureties upon his official bond. In November, 1874, the plaintiff recovered a judgment in the said Circuit Court for $417.40 against one J. T. Marsh and one 'Wilson. Soon after-wards the judgment defendants applied for a stay of execution, offering as surety one John Marsh. The surety was accepted and stay of execution entered. At the expiration of the stay both the…
1Opinion of the CourtAdams, J.
1. bond: apcei-Iíiaiuuty' lor‘ The surety, before he was accepted as such, made the affidavit provided in Sec. 3062 of the' Code: It is claimed by the appellants that such affidavit having ^een made the clerk could not properly refuse to approve the surety, and that he cannot now be held liable because the security has proved to be insufficient. But this position cannot be maintained consistently with section 250 of the Code, which provides that “ the taking of such affidavit shall not exempt the officer from any liability to which he might otherwise be subjected, for taking insufficient…
2Cases cited2 opinions
- Wasson v. MitchellSupreme Court of Iowa · 1864
- Howe v. MasonSupreme Court of Iowa · 1863
3Cited by2 opinions
- Maynes v. BrockwaySupreme Court of Iowa · 1881
- Haverly v. McClellandSupreme Court of Iowa · 1881