Robinson v. Kinney
Idaho Supreme Court
APPEAL from District Court, Alturas County. A principal charging himself with having received so much estops sureties from controverting it. (Potter v. United States, 107 U. S. 126, 1 Sup. Ct. Eep. 524.) The records of the court showing money to have been received by the marshal under execution are evidence against his sureties.
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APPEAL from District Court, Alturas County. A principal charging himself with having received so much estops sureties from controverting it. (Potter v. United States, 107 U. S. 126, 1 Sup. Ct. Eep. 524.) The records of the court showing money to have been received by the marshal under execution are evidence against his sureties. ('Williams v. United States, 1 How. 299; Dwight v. St. John, 25 N. Y. 203; Grier v. JoneSj 54 Ga. 154.) Due delivery of letters at the usual period is presumed from the fact of mailing. (Wharton on Evidence, sees. 1323, 1324; PennypacTcer v. Insurance Go., 80 Iowa,…
1Opinion of the CourtHuston, J.
P. H. Kinney, the principal defendant, as sheriff of Alturas county, received an order of sale issued upon a judgment and decree recovered in the district court for Alturas county in favor of the plaintiffs and against one Gil-man. Levy was made under the execution upon certain real estate situated in Alturas county. Due notice of sale was published, and, after several postponements, sale was had, and the property was bid in by the attorney of the plaintiffs, and certificate of sale regularly executed and delivered to him. No return was ever made by the sheriff upon the order of sale. The…
2Cases cited1 opinion
- Glascock v. AshmanCalifornia Supreme Court · 1877
3Cited by1 opinion
- Sabatino v. RichardsWest Virginia Supreme Court · 1945