State v. Cromwell
Cases that cite this one
1 later published case cites this decision.
- Mowbray v. State ex rel. City of Peru (Ind. 1882)
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
— Debt against a sheriff and his sureties on his official bond, conditioned for the faithful discharge of his duties. Breach, that the sheriff voluntarily permitted a prisoner, who had been convicted of a crime and fined, to escape. Special demurrer to the declaration, assigning for cause, that it did not appear that the bond had been “ approved and recorded as required by law.” The Court sustained the demurrer and rendered judgment for the defendants.
This decision was wrong. There was no need of averring that the bond had been approved or recorded. Neither was essential to its validity.
— The judgment is reversed with costs. Cause remanded, &c.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.