People v. Aikenhead
Cases that cite this one
11 later published cases cite this decision.
- County of King v. Ferry (Wash. 1893)
- Hartford Accident & Indemnity Co. v. City of Tulare (Cal. 1947)
- Kelley v. Moab State Bank (Utah 1924)
- Board of Ed., City of Alva v. Fulkerson (Okla. 1919)
- Dunn v. Town of Foraker (Okla. 1914)
- People v. Miró (Supreme Court of Puerto Rico 1911)
- Pueblo v. Miró (Supreme Court of Puerto Rico 1911)
- Priet v. De La Montanya (Cal. 1889)
- Wheeling v. Black (W. Va. 1884)
- Riddel v. School District No. 72 (Kan. 1875)
- Brown v. Lattimore (Cal. 1860)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Murray, C. J., concurred.
The appointment of Aikenhead as Treasurer was to continue until his successor was qualified, and until this took place, ordinarily, his sureties would be bound. But Aikenhead was elected for a new term and ought to have given a new bond. It devolved upon another officer of the law to see to this, and the sureties upon the bond may well have rested in security under the impression that the obligations of the law had been fulfilled. If another than Aikenhead had been elected and failed to qualify, so as to have continued the latter in office, the defendants would have been chargeable with notice, and indeed their continued liability would have been but an incident of their contract.
The State has no right to visit upon the defendants the effects of the laches of her own officer, whose duty it was to see that a new bond was given.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.