Work Bros. v. Kinney

Citations

• 8 Idaho 771
• 71 P. 477
• 1902 Ida. LEXIS 77

Syllabus

<p>Sheriff — Official Bond — Liability of Sureties. — The sureties upon the official bond of a sheriff executed to secure the faithful performance of his duties during one term of office are not liable for the delinquencies and defalcations of such sheriff during a former term of office.</p> <p>Same — Estoppel.—A sheriff seized goods under attachment during one term of office, .and he and the sureties on his official bond were sued by the attaching creditors, who alleged that said sheriff wrongfully sold such attached goods and converted the proceeds of the sale thereof to his own use and advantage, and in such action judgment was rendered in favor of the attaching creditors and against said sheriff and sureties; the sheriff was elected to succeed himself, and afterward gave another official bond; the attaching creditors sued the sheriff and his sureties on the latter bond, for the same cause of action. Meld, that the attaching creditors, by reason of their former action, and adjudication therein, are estopped from suing for the conversion of such attached goods on the last bond.</p> <p>Evidence — Opinion of Appellate Court — Admissibility.—The opinion of the appellate court is not admissible in evidence to prove facts in issue in an action.</p> <p>Evidence — Declarations Against Interest. — The acts and declarations of parties against their own interest, whether made in, or out of court, are admissible against them; those which are self-serving, or in the interest of the parties making them, are not admissible.</p> <p>(Syllabus by the court.)</p>