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" By an official act is not meant a lawful act of the officer in the service of process; if so, the sureties would never be responsible. It means any act done by the officer in his official capacity, under color and by virtue of his office. "
Reports of Cases Decided in the Appellate Courts of the State of Illinois - Sivu 343
tekijä(t) Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1894
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Nide 225

Illinois. Supreme Court - 1907 - 750 sivua
...the sureties responsible for the due performance of the constable's official acts, and it was said : "By an official act is not meant a lawful act of the...capacity, under color and by virtue of his office." The foregoing language of the Massachusetts court was cited with approval by this court in Campbell v....

Reports of Cases Argued and Determined in the Ohio Circuit Courts ..., Nide 5

William John Tossell - 1893 - 756 sivua
...responsible for the due performance of his official acts in the service of process, and in his other duties. By an official act is not meant a lawful act of the...capacity, under color and by virtue of his office. " I will not pursue this matter further, except to refer to the note in 46 Am. Dec., 514. There, in...

A Treatise on the Law of Executions in Civil Cases: And of ..., Nide 1

Abraham Clark Freeman - 1900 - 988 sivua
...responsible for the due performance of his official acU in the service of process, and in his other duties. By an official act is not meant a lawful act of the officer in the service 17 Gratt. 124; Archer v. Noble, 3 Greenl. 418; Harris v. Hanson. 11 Me. 241; Forsythe v. Ellis, 4 JJ...

Lawyers' Reports Annotated, Kirja 50

1901 - 972 sivua
...sound, no action can be maintained upon the bond in any case." Say the court in 137 Mass. 191, 192: "By an official act is not meant a lawful act of the...capacity, under color and by virtue of his office." "See also State ex rel. Conlcy v. Flinn, 3 Blackf. 72, 23 Am. Dec. 380, and especially Яго if»...

Reports of Cases Argued and Determined in the Circuit Courts of Ohio, Nide 11

1896 - 698 sivua
...responsible for the due performance of has official acts in the service of process, and in his other duties. By an official act is not meant a lawful act of the...never be responsible; it means any act done by the offier in his official capacity, under color and by virtue of his office." I will not pursue this matter...

The American State Reports: Containing the Cases of General Value ..., Nide 84

Abraham Clark Freeman - 1902 - 1044 sivua
...can be maintained upon the bond in any case." Say the court in Turner v. Sisson, 137 Mass. 191, 192 : "By an official act is not meant a lawful act of the...capacity, under color and by virtue of his office" : See, also, State v. Flinn, 3 Blackf. 72, 23 Am. Dec. 380, and especially Brown v. Weaver, 76 Miss....

The Law of Suretyship: Covering Personal Suretyship, Commercial Guaranties ...

Arthur Adelbert Stearns - 1903 - 780 sivua
...for the due performance of his official acts in the service of process, and in his other duties. By official act is not meant a lawful act of the officer...capacity, under color and by virtue of his office." Comm. vs. Stockton, 5 TB Mon. (Ky.) 192; Charles vs. Haskins, 11 la. 329; Turner vs. Killian, 12 Neb....

The Northwestern Reporter, Nide 95

1903 - 1272 sivua
...act" is not meant the lawful act of an officer in the service of process, for, if this were so, his sureties would never be responsible. It means any...capacity under color and by virtue of his office. Turner v. Sisson, 137 Mass. 191. The distinction originally made between acts done by virtue of an...

Judicial and Statutory Definitions of Words and Phrases, Nide 6

1904 - 1004 sivua
...In the service of process, for if this were so the sureties who became liable for his official acts would never be responsible. It means any act done by the officer In hie official capacity, under color of title and by virtue of bis office. Turner т. Sisson, 137 Mass....

The Law of Suretyship and Guaranty: As Administered by Courts of Countries ...

George Washington Brandt - 1905 - 998 sivua
...supervisors. "By an official act," said the court, "is not simply meant a lawful act of the officer — it means any act done by the officer in his official...capacity, under color and by virtue of his office. * * The object of requiring official bonds is to obtain indemnity against the use of an official position for...




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