Jennings v. Bobe

Citations

• 51 Fla. 229

Syllabus

<p>1. The liability of the obligors on the official bond of a constable is to be determined by the terms of the bond itself, and such terms cannot be extended beyond the reasonable meaning thereof construed with reference to the purposes contemplated by the law requiring the bond.</p> <p>2. Where the condition of the official bond of a constable is that the constable “shall diligently and faithfully perform all the duties of his said office as prescribed by law” a declaration alleging as a breach of such bond that the constable made out and presented to the county commissioners certain improper and excessive cost bills with his affidavits “that said bills were made out in accordance with the laws of the State of Florida,” when in truth said bills were not made out in accordance with law, and that by reason of such representations tbe county commissioners were induced to pay and tbe said constable did-receive certain sums in excess of any amount be could legally charge against and collect from said county as constable for sucb services, is demurrable, since tbe breach alleged is not included within the reasonable meaning of the condition of the bond construed with reference to the purposes contemplated by the law requiring the bond.</p>