Bynum v. Western Surety Co. of Sioux Falls, S.D.

The only authority of any kind cited by the majority opinion in support of its holding is the case of Lowe v. City of Guthrie, 4 Okl. 287, 44 P. 198, 200, decided by the Supreme Court of Oklahoma Territory in 1896. Such case does not hold that the bondsmen of a public official are not liable on such bond for the failure of such public official to perform the duties of his office. On the contrary, such case affirms the liability of the bondsmen in such case and merely holds that such liability does not extend to failure to perform acts which are not legally prescribed duties of the officer…