State ex rel. Dennard v. Roberts
Supreme Court of Arkansas
Error to the Circuit Court of Ashley County. Hon. Theodoric F. Sorrells, Circuit Judge. If to use and waste the money was not a breach of the sheriff’s bond, it is difficult to conceive what would be. And as to the second breach, it was clearly Ducker’s duty so to keep the money, that, in the event of his death, the object for which it had been placed in his hands would not be defeated.
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Error to the Circuit Court of Ashley County. Hon. Theodoric F. Sorrells, Circuit Judge. If to use and waste the money was not a breach of the sheriff’s bond, it is difficult to conceive what would be. And as to the second breach, it was clearly Ducker’s duty so to keep the money, that, in the event of his death, the object for which it had been placed in his hands would not be defeated. He did not do so, and in consequence of his not doing so, Dennard lost the benefit of his attachment. Ducker should have kept the money distinguished from his own money. Lew. on Trusts 300; lb. 324; 2d John.…
1Opinion of the CourtChief Justice English
This was an action by the State, for the use of Dennard, against Roberts and Wallace, securities in the official bond of W'm. M. Ducker, as sheriff of Ashley county.
In the declaration, two special breaches of the condition of the bond, (which was in the form prescribed by the statute), were assigned, in substance, as follows:
1. That by virtue of an attachment issued from the Circuit Court of Ashley county, in which Dennard, for whose use this suit was brought, was plaintiff, and one Winfrey was defendant, Ducker, as sheriff, levied on and took into his possession, certain articles of personal…
2Cases cited1 opinion
- State ex rel. M'Gillycuddy v. VanandaIndiana Supreme Court · 1844