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