City and County of San Franciso v. McAllister

Citations

• 76 Cal. 246
• 18 P. 315
• 1888 Cal. LEXIS 867

Syllabus

<p>Public Officers—Indemnity Bond Given by Deputy—San Francisco— Default of Principal. — A bond of indemnity executed to the sheriff of the city and county of San Francisco by his deputy is the property of the sheriff, and any recovery had thereon on account of the deputy’s default belongs to him. The city and county has no interest therein superior to that of any other creditor of the sheriff, nor is it entitled, upon his default, to be subrogated to his rights in the bond given him. And this is so, although the default of the deputy consisted in his failure to pay over moneys for which the sheriff was accountable to the city and county. For any default of the sheriff, the remedy of the city and county is on his official bond.</p>