Martin v. Seeley
Nebraska Supreme Court
Error to the district court -of Adams county. Tried bélow before Morris, J. The sureties upon the bond of a sheriff containing the usual conditions that he will account for all moneys that may come into his hands as such sheriff, are liable only for moneys which their principal is authorized and bound by law to receive in his official capacity as sheriff — not for that of which he becomes the voluntary custodian.
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Error to the district court -of Adams county. Tried bélow before Morris, J. The sureties upon the bond of a sheriff containing the usual conditions that he will account for all moneys that may come into his hands as such sheriff, are liable only for moneys which their principal is authorized and bound by law to receive in his official capacity as sheriff — not for that of which he becomes the voluntary custodian. People v. Pennock, 60-N. Y., 421. State v. Woodman, 36 Ind., 511. U. S. v. Boyd, 15 Pet., 187. Hill v. Kemble, 9 Cal., 71. Sehloss v. White, 16 Cal., 65. Sample v. Davis, 4 Iowa…
1Opinion of the CourtMaxwell, J.
In 1880 and 1881, Seeley was sheriff of Buffalo county and the keeper of the jail of that county. In the same years, Martin was sheriff of Adams county, and had committed to his custody for safe keeping a number of prisoners, whom, there being no jail in Adams county, he caused to be imprisoned in the jail of Buffalo county. Seeley presented an account of the expenses of keeping said prisoners in the Buffalo county jail‘to Martin, the sum claimed being $363.90. Martin thereupon copied Seeley’s bill and presented it as his own account to the commissioners of Adams county, which account to the…
2Cited by1 opinion
- State ex rel. Attorney General v. BurrNebraska Supreme Court · 1886