McElhanon v. County Court
McElhanon v. County Court
Opinion of the Court
It is objected by counsel for plaintiffs in error, that the official bond on which this suit is brought, was not given until about nineteen months after the election of the constable. That, however, does not affect its validity. Although the statute requires a constable to give bond within twenty days after his election, and provides that the office shall be considered vacant in case of his failure to do so, yet the second section of the chapter entitled “ Official Bonds” authorizes the county commissioners’ court to require a new bond to be given whenever they consider the securities upon the existing bond insufficient. It was unnecessary to set out this order in the declaration. It was enough to set out the bond. The court will presume, from the mere fact of its execution, that it was made because the first bond had become insufficient.
Judgment affirmed.
Reference
- Full Case Name
- James M. McElhanon v. The County Court of Washington County, use, etc.
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Constable’s bond—executed after twenty days from Ms election. The fact that the official bond of a constable was not given until nineteen months after his election, will not affect the validity of the bond; it will be presumed, from the mere fact of its execution, that such a bond was given because a former bond had become insufficient. 2. Pleading—declaring on such a hond,. In declaring upon a constable’s bond given by reason of an order of the proper court, because a former bond had become insufficient, it is not necessary to set out such order in the declaration; it is enough to set out the bond.