People ex rel. Tibbetts v. Robinson

Citations

• 89 Ill. 159

Syllabus

<p>1. Sheriff—liability for taking insufficient security on replevin bond. Where a sheriff, in accepting a surety in a replevin bond, makes inquiry of the neighbors and of reliable men who know the surety, and of the assessor, as to his circumstances, and administers an oath to the surety, the effect of which satisfies the sheriff he is good for the amount of the bond, the sheriff will not be liable upon his official bond for taking insufficient security. The officer is not an insurer of the solvency of the surety.</p> <p>2. Same—liability for not returning replevin bond. A replevin bond being taken as well for the benefit of the defendant in replevin as for indemnity to the officer, it is the imperative duty of the officer to return it. with the writ into court, so as to afford the defendant a chance to require additional security; and failing in this, the officer is liable to the defendant for any damages he may sustain in consequence of the omission.</p> <p>3. Same—liability on Ms bond. By the common law, the sheriff and his sureties are answerable on his official bond for all delinquencies, independent of the statute, and the act oi 1874 giving an action on his bond but declares what, the law was before its passage.</p>