People v. Aikenhead
Before: Heydenfeldt
Synopsis
When an officer is elected to a new term, he should give a new bond
The sureties on a bond of an officer for one term, will not be liable for any act done by Mm after election to a second term.
It devolves upon an officer to see that proper bonds are filed, and the State has no right to visit upon a party the laches of her own officer.
Heydenfeldt. J., delivered the 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.
More from California Supreme Court
- People v. Wende (1979)
- People v. Watson (1956)
- People v. Superior Court (Romero) (1996)
- People v. Kelly (2006)
- Auto Equity Sales, Inc. v. Superior Court (1962)
- Aguilar v. Atlantic Richfield Co. (2001)
- People v. Lewis (2021)
- In Re Estrada (1965)
- Denham v. Superior Court (1970)
- People v. Marsden (1970)