Barnes v. Massachusetts Bonding Co.
Oregon Supreme Court
Prom Marion: Percy R. Kelly, Judge. Department 1. The defendant Esch was the sheriff of Marion County. The Massachusetts Bonding & Insurance Company was a surety on his official bond, which was conditioned, among other things, for him well and faithfully to perform the duties of the office.
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Prom Marion: Percy R. Kelly, Judge. Department 1. The defendant Esch was the sheriff of Marion County. The Massachusetts Bonding & Insurance Company was a surety on his official bond, which was conditioned, among other things, for him well and faithfully to perform the duties of the office. Equipped with an execution issued upon a judgment against L. S. Barnes in favor of A. B. Spencer, the sheriff levied upon and sold some shares of stock which the plaintiff here claims as her own. Upon these facts she began an action against him and his surety to recover damages for the levy and sale. The…
1Opinion of the Court
BURNETT, J. —
The ground of demurrer relied upon in the argument before us was “that the said action was not commenced within the time limited by the Code of Civil Procedure of the State of Oregon, to wit, within the time limited by Section 7 of Lord’s Oregon Laws.” ■ Under Section 348, L. O. L., the official undertaking of a public officer to the state or to any county is deemed a security to all persons severally for the official delinquencies against which it is intended to provide. Claiming the benefit of this section, ' the plaintiff has instituted her action and the question is whether…
2Cases cited11 opinions
- Crane v. ReederMichigan Supreme Court · 1871
- Stadler v. City of HelenaMontana Supreme Court · 1912
- Board of Park Com'rs v. City of NashvilleTennessee Supreme Court · 1915
- Stockett v. Bird's Adm'rCourt of Appeals of Maryland · 1862
- Long v. CulpSupreme Court of Kansas · 1875
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3Cited by11 opinions
- Colby v. LarsonOregon Supreme Court · 1956
- State v. PrestonOregon Supreme Court · 1922
- Jenkins v. DanielsAlaska Supreme Court · 1988
- State v. PearsonOregon Supreme Court · 1968
- Edward Hines Lumber Co. v. GallowayOregon Supreme Court · 1944
6 more not listed; retrieve them via the Exa API.