People v. Brown
Michigan Supreme Court
Case certified from Berrien Circuit Court. Debt upon the official bond of A. B. Munger, late sheriff of Berrien county, in the penalty of $20,000, made by Munger and twenty-three others as his sureties, defendants in this suit, and in form joint and several. Plea, non est factum.
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Case certified from Berrien Circuit Court. Debt upon the official bond of A. B. Munger, late sheriff of Berrien county, in the penalty of $20,000, made by Munger and twenty-three others as his sureties, defendants in this suit, and in form joint and several. Plea, non est factum. It appeared on the trial that the bond was originally drawn in the penalty of $25,000, and was thus signed by Munger, and by six others of the defendants, as his sureties ; that afterwards, without the consent of such sureties, and with the knowledge of only one of them, (Love,) the associate judges of Berrien erased…
1Opinion of the CourtGoodwin, J.
In the question presented in this case, two are in fact involved; — first, as to the validity of the bond under the plea of non est factum, in respect to those who signed it before the alteration made by the associate judges; and, second, its validity as to those who signed it afterwards.
1. First, then, as to the former: — The statute, (R. S. 1338, p. 45, §43,*j requires that, “every sheriff elected shall execute to the people of this state, a bond, in such penal sum, and with such sufficient sureties, not less than three in number, as the judges of the circuit court shall direct and…
2Cases cited5 opinions
- Speake & Others v. U. StatesSupreme Court of the United States · 1815
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1810
- Thomas v. GoodwinMassachusetts Supreme Judicial Court · 1815
- O'Neale v. LongSupreme Court of the United States · 1807
- Brigden v. CheeverMassachusetts Supreme Judicial Court · 1813
3Cited by3 opinions
- Bolton v. NitzMichigan Supreme Court · 1891
- Dudley v. ConelyMichigan Supreme Court · 1900
- Walla Walla County v. Ping, Washington Territory1872