The Municipal Code of Ohio Including the Act of October 22 1902 With All Amen

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The Municipal Code of Ohio Including the Act of October 22 1902 With All Amen
Wade Hampton Ellis
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S. 147.
It was held no defense to a suit on a county treasurer's bond, that the money was stolen from him without any fault of his own. State v. Harper, 6 O. S. 607.
The rule that an act by the cred- itor, prejudicial to the surety, dis- charges him, does not apply to sure- ties on official bonds for faithful performance. State v. Alden, 12 O. 59.
Blanks in bond filled after exe- cution. See § 6 R. S. Under Offi- cers in Part II.
Pleading and practice. — In ac- tion against obligors on bond the
... personal representative of principal is not a necessary party. Hunt v. Gaylor, 25 O. S. 620.
Petition on an official bond must aver the condition of the bond, and not merely that it was given ac- cording to law. Bisack v. Pape, 1 B. 126; it must aver also, the of- fice and the appointment or election to it. Court of Common Pleas v. Seargent, W. 482; but it need not aver that the officei* qualified. State v. Piatt, 15 O. 15.
FORM OF OFFICIAL BOND.
Know all men by these presents; That we principal, and and, sureties, are held and firmly bound unto the city [or village] of, State of Ohio, in the sum of $ .


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