State v. Depeder
State v. Depeder
Opinion of the Court
delivered the opinion of the court.
The demurrer to the declaration should have been overruled. The execution of the bond was one of the steps in a proceeding authorized and required by law, in order to obtain license to retail liquor'. The bond was executed in a legal proceeding, and license, it is alleged, was thereupon issued. Section 2305 of the Code applies, as it does in all cases, where any bond, recognizance, obligation, or.* undertaking of any kind shall be executed in any legal proceeding, and such bond, or other obligation or undertaking shall have the effect in such proceeding which a bond or other undertaking, if payable or conditioned as prescribed by law, would have had.
The judgment is reversed, and the cause remanded for further proceedings.
Reference
- Full Case Name
- The State, ex rel., etc. v. M. P. Depeder
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Bond. For liquor license. aLegal proceeding.” Defect cured by § 2305, Code of 1880. Case in judgment. D. executed a bond in 1885, and obtained license thereby to retail liquors. The bond omitted to provide against the sale of liquor to minors, as required by law. D. sold liquor to a minor, and an action was brought against him and his sureties for a breach of the bond. Held, that they were liable by virtue of \\ 2305, Code of 1880, which provides that any bond executed in “ any legal proceeding” shall have the same effect as if “ conditioned in all respects as required by law: Provided, such bond had the effect in such proceeding which a bond payable and conditioned as prescribed by law would have had.”