People v. Brush
New York Supreme Court
Demurrer to declaration. The declaration is in debt on bond, bearing date the 12th February, 1819, reciting that Gilbert Ketcham was appointed sheriff of Dutchess on the 9th day of February, then instant, and conditioned that he “ should well and faithfully, in all things, perform and execute the office of sheriff of the county of Dutchess, during his continuance in the said office by virtue of the said appointment, without fraud, deceit, or oppression.”
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Demurrer to declaration. The declaration is in debt on bond, bearing date the 12th February, 1819, reciting that Gilbert Ketcham was appointed sheriff of Dutchess on the 9th day of February, then instant, and conditioned that he “ should well and faithfully, in all things, perform and execute the office of sheriff of the county of Dutchess, during his continuance in the said office by virtue of the said appointment, without fraud, deceit, or oppression.” It is executed by Ketcham, the defendant, and one other person. Two breaches are assigned : First, that Ketcham did not well and faithfully,…
1Opinion of the Court
By the Court,
Marcy, J.
We are first to inquire what amounts to a breach of the condition of the bond. It is said by the defendant’s counsel, that the receipt of monies by Ketcham, the sheriff, and the detention of the same, would not be a breach of the bond, unless accompanied by actual fraud, deceit or oppression. The condition of the bond in this case, conforms to the statute of 1813, relative to sheriffs, and may be broken without a positive act of fraud, deceit, or oppression. What is the sheriff to do in order to prevent the penalty attaching to him and his sureties 1 He is faithfully to…
2Cited by8 opinions
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- Governor v. RobbinsSupreme Court of Alabama · 1844
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