State ex rel. Coleman v. Cason

Citations

• 11 S.C. 392
• 1879 S.C. LEXIS 15

Syllabus

<p>1. A suit may be maintained upon a sheriff’s official bond, without a previous order of court.</p> <p>2. That plaintiff' cannot bring an action without the authority of a previous order of court, is an objection that can be taken only before answer.</p> <p>3. A judgment recovered against a sheriff, after the expiration of his term for moneys received while in office, is no bar to a subsequent action against the sheriff and the sureties on his official bond, jointly executed, alleging breaches generally and setting forth the recovery of this judgment against him, and his failure to pay the same.</p> <p>4. The allegation of an unsatisfied judgment, which was recovered against a sheriff alone for moneys received by him in his official capacity, and</p> <p>. converted, states a cause of action as against him and the sureties on his official bond, and is primei facie evidence against the sureties of a breach of the condition’of such bond. Oases cited, and this case distinguished from Smith v. Moore, 7 S. O. 209..</p> <p>5. Objections to the form of a complaint can he taken only by demurrer or answer.</p> <p>6. Objections raised on appeal, but not resting upon exceptions duly taken in the court below, will not be considered.</p>