State v. McDonald

Citations

• 4 Idaho 468
• 40 P. 312
• 1895 Ida. LEXIS 44

Syllabus

<p>Official Bond — Failure of Principal to Sign — Liability.—The omission of the sheriff to sign his official bond did not release him from any liability arising under the conditions of the bond, nor did such omission release the sureties.</p> <p>Same. — The failure of the sheriff to sign such bond (it being joint and several) did not invalidate the bond.</p> <p>Recitals in Bond — Sureties Estopped from Denying. — The surety is estopped from denying any fact recited in the bond when by such denial he seeks to avoid the bond in an action between the parties to the bond.</p> <p>Collection of Licenses — Sheriff’s Duty. — The collection of licenses is made the duty of the sheriff by law, and the bond sued on is conditioned on the faithful discharge of all duties required of him by law.</p> <p>Practice — Requisite Statements in Complaint. — In a suit of this kind it is not necessary to state in the complaint the various items of defalcation separately.</p> <p>Same — Joint and Several Bond — Who may be Sued. — In an action on a joint and several bond, all or any of the sureties may be sued.</p> <p>Justification of Surety. — The fact that a surety did not justify will not release him from liability if the bond has been accepted without such justification.</p> <p>(Syllabus by the court.)</p>