City of Butte v. Bennetts
Montana Supreme Court
Appeal from District Court, Silver Bow County; John B. Mc-Clernan, Judge. Action by the City of Butte against Gilbert Bennetts and others. From a judgment for defendants, plaintiff appeals. Where a constable was sued upon his official bond, it was insisted that as the constable was shown to have had no lawful authority to arrest the plaintiff, his act was therefore not done in the line of his duty.
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Appeal from District Court, Silver Bow County; John B. Mc-Clernan, Judge. Action by the City of Butte against Gilbert Bennetts and others. From a judgment for defendants, plaintiff appeals. Where a constable was sued upon his official bond, it was insisted that as the constable was shown to have had no lawful authority to arrest the plaintiff, his act was therefore not done in the line of his duty. The court there held'that for illegal acts and acts forbidden by law an officer was liable on his official bond. (Clancy v. Kenworthy, 74 Iowa, 740, 7 Am. St. Rep. 508, 35 N. W. 427.) This court…
1Opinion of the CourtJustice Sanner
By its amended complaint the appellant, city of Butte, seeks judgment for $885.10 against Gilbert Bennetts and others for moneys paid by the city to Bennetts as compensation for the collection by him of certain city taxes while county assessor of Silver Bow county, the other defendants being sureties upon his official bond. Two separate demurrers were filed, one by Bennetts which was overruled, and the other by the sureties which was sustained. The city, declining to plead further, suffered judgment to be entered dismissing its action as to the sureties, and from that judgment prosecutes this…
2Cases cited7 opinions
- County of San Luis Obispo v. FarnumCalifornia Supreme Court · 1895
- State v. PorterNebraska Supreme Court · 1903
- Feller v. GatesOregon Supreme Court · 1902
- Mutual Life Insurance Co. of New York v. MartienMontana Supreme Court · 1903
- City of San Jose v. WelchCalifornia Supreme Court · 1884
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3Cited by6 opinions
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- Power County v. Fidelity & Deposit Co.Idaho Supreme Court · 1927
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