Custer County v. Albien

Citations

• 7 S.D. 482
• 64 N.W. 533
• 1895 S.D. LEXIS 104

Syllabus

<p>1. The official bond of a county treasurer, complying in all respects with the statute, except that it runs to the county commissioners and their successors in office, instead of to the county, is a valid official bond, upon which, in case of default, the county may maintain an action in its own name.</p> <p>2. In such action the sureties on the bond are estopped from disputing its recitals as to the due election of the principal as treasurer, and that he entered, or was about' to enter, upon the discharge of his official duties thereunder.</p> <p>3. In such bond the penal sum was $10,000. The sureties severally bound themselves “in the amounts set opposite our [their] respectivenam.es,” each signing for a less amount than the penal sum. The principal made no answer. The sureties answered, setting up a common defense. The verdict was for the plaintiff; on all the issues, and assess plaintiff’s damages at ten thousand dollars.” Upon this verdict the court entered judgment against the principal for $10,000, and against each of the sureties for the amount set opposite his name. Held, under section 4901, Comp. Laws, no error of which the sureties could complain.</p> <p>(Syllabus by the Court.</p>