 | William John Tossell - Law reports, digests, etc - 1893 - 756 pages
...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... | |
 | Abraham Clark Freeman - Executions (Law) - 1900 - 988 pages
...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... | |
 | Law reports, digests, etc - 1901 - 972 pages
...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»... | |
 | Law reports, digests, etc - 1896 - 698 pages
...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... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1902 - 1044 pages
...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.... | |
 | Arthur Adelbert Stearns - Suretyship and guaranty - 1903 - 780 pages
...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.... | |
 | Law reports, digests, etc - 1903 - 1272 pages
...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... | |
 | Law - 1904 - 1004 pages
...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.... | |
 | George Washington Brandt - Suretyship and guaranty - 1905 - 998 pages
...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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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. 
