People v. Jenkins
Cases that cite this one
8 later published cases cite this decision.
- Live Oak Lumber Co. v. Farr (Cal. Ct. App. 1915)
- Boone County Bank v. Byrum (Ark. 1900)
- Slater v. McAvoy (Cal. 1899)
- Holt County v. Scott (Neb. 1897)
- Price v. Scott (Wash. 1896)
- Moore v. Earl (Cal. 1891)
- People v. Huson (Cal. 1889)
- Bull v. Coe (Cal. 1888)
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
Field, C. J. concurring.
1. The principal obligor and his sureties are in no condition to question the regularity of the election of the principal, or his responsibility for acts done in an official capacity. The principal had at least the color of office by his appointment, and the bond estops him and his sureties signing it from denying his official character.
2. The point that an administrator on Brown’s estate should have been appointed and joined as defendant, is answered by the statute which makes official bonds joint and several.
3. The mere passiveness of the Board of Supervisors, in not bringing Brown (the principal) to a settlement, does not discharge him or his sureties.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.