Schilling v. Black
Supreme Court of Kansas
Error from Kingman District Court. Action by Black against Schilling, constable, and Van Eassen and Faught, sureties, for a breach of Schilling’s official bond. Judgment for plaintiff. Defendants bring error. The sureties in this case were brought in and joined, improperly we think, with the constable, on a claimed'condition broken in said bond, before it had been determined that there was any breach of said conditions.
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Error from Kingman District Court. Action by Black against Schilling, constable, and Van Eassen and Faught, sureties, for a breach of Schilling’s official bond. Judgment for plaintiff. Defendants bring error. The sureties in this case were brought in and joined, improperly we think, with the constable, on a claimed'condition broken in said bond, before it had been determined that there was any breach of said conditions. Who can say that the officer will not respond to any judgment rendered against him individually until it is tried ? Why should not a remedy against the constable for his…
1Opinion of the Court
Opinion by
Strang, C.:
In an action by Moore & Almond against one Samuel Black, a horse in the possession of said Samuel Black was attached, and afterwards sold by' the constable as the property of Black. After the sale, William Black, who was the father of Samuel Black, claimed the horse, and commenced the action against A. C. Schilling, constable, and A. Van Fassen and R. D. Faught, sureties on his official bond, alleging a breach of the condition thereof in seizing and selling said horse in a proceeding against Samuel Black, to satisfy a debt of said Samuel Black.
The defendants in the court…
2Cases cited3 opinions
- Hoye v. RaymondSupreme Court of Kansas · 1881
- McKinney v. PurcellSupreme Court of Kansas · 1882
- Jenks v. School DistrictSupreme Court of Kansas · 1877
3Cited by3 opinions
- Simmons v. ClarkSupreme Court of Kansas · 1940
- Donnell v. ReeseCourt of Appeals of Kansas · 1897
- Estell v. New Amsterdam Casualty Co.Supreme Court of Kansas · 1948