State ex rel. Arnold v. Givan

Decided November 15, 1873

Indiana Supreme Court · decided 1873-11-15

<p>County Clerk.—Sheriff's Fees.—Official Bond.—Decedents' Estates.—The sureties on the official bond of a county clerk are not liable for sheriff’s fees collected by the clerk, and not paid over to the sheriff; but the administrator of the clerk’s estate is liable therefor, not in a suit on the clerk’s official bond, but where a claim therefor is duly filed against such estate.</p>

Relies on Jenkins v. Lemonds · Carey v. State ex rel. Farley · Hyatt v. Mavity

Good law ✅— No negative treatment on recordhow we know

Decided 1873-11-15

How this case has been cited

Cited by 13 later decisions — most recently October 1948

13 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Pettit, J.

¶1This was a suit by the appellant, on the official bond of a former clerk of the circuit court, against Givan, his administrator, and the sureties on the clerk’s bond, to recover fees due to the relator as sheriff) which the clerk had collected and refused to pay over to the sheriff A separate demurrer, for want of sufficient facts, sustained to the complaint, exception taken, and this ruling is assigned for error.

¶2There is no law making it the duty or authorizing the clerk to receive or receipt for the sheriff’s fees; and therefore his bondsmen are not liable for fees thus received by him. Jenkins v. Lemonds, 29 Ind. 294; Carey v. The State, ex rel. Farley, 34 Ind. 105. But the administrator is liable, not on the bond, but by filing a claim. Hyatt v. Mavity, 34 Ind. 415.

¶3The judgment is affirmed, at the costs of the relator.