People v. Aikenhead
California Supreme Court
Appeal from the District Court of the Third Judicial District, Alameda County. Action originally commenced in the County of Santa Clara. Defendants moved for a change of venue, and the Court after due cause shown, transferred the case to the County of Alameda.
Read the full summary
Appeal from the District Court of the Third Judicial District, Alameda County. Action originally commenced in the County of Santa Clara. Defendants moved for a change of venue, and the Court after due cause shown, transferred the case to the County of Alameda. The case was tried by the Court, without a jury, who found the facts as follows: On the 4th day of October, 1852, the Court of Sessions of Santa Clara County, appointed William Aikenhead, County Treasurer, in place of one Clayton, resigned. On the following day, Aikenhead gave bond, with the defendants as sureties, to continue until his…
1Opinion of the Court
Heydenfeldt. J., delivered the opinion of the Court.
Murray, C. J., concurred.
The appointment of Aikenhead as Treasurer was to continue until his successor was qualified, and until this took place, ordinarily, his sureties would be bound. But Aikenhead was elected for a new term and ought to have given a new bond. It devolved upon another officer of the law to see to this, and the sureties upon the bond may well have rested in security under the impression that the obligations of the law had been fulfilled. If another than Aikenhead had been elected and failed to qualify, so as to have…
2Cited by13 opinions
- Wheeling v. BlackWest Virginia Supreme Court · 1884
- Hartford Accident & Indemnity Co. v. City of TulareCalifornia Supreme Court · 1947
- Hubert v. MendheimCalifornia Supreme Court · 1883
- County of King v. FerryWashington Supreme Court · 1893
- Riddel v. School District No. 72Supreme Court of Kansas · 1875
8 more not listed; retrieve them via the Exa API.