Judges: PER CURIAM.
Attorneys: Duncan, Hamlin Duncan, and John S. Lavin, for Plaintiffs in Error;
Wells Hall and J.B. Gaines, for Defendant in Error.
Filed: Jun. 29, 1936
Latest Update: Mar. 02, 2020
Summary: An action at law was begun in the name of Doyle E. Carlton, as Governor of the State of Florida, for the use and benefit of C.M. Edwards, against B.A. Cassady, Sheriff of Lake County, and the American Surety Company of New York, as surety, upon the official bond of the said Sheriff. The following facts, in substance, were agreed to by counsel for both parties: C.M. Edwards, on January 14, 1929, had issued a writ of attachment to aid in the foreclosure of a chattel mortgage held by and being fore
Summary: An action at law was begun in the name of Doyle E. Carlton, as Governor of the State of Florida, for the use and benefit of C.M. Edwards, against B.A. Cassady, Sheriff of Lake County, and the American Surety Company of New York, as surety, upon the official bond of the said Sheriff. The following facts, in substance, were agreed to by counsel for both parties: C.M. Edwards, on January 14, 1929, had issued a writ of attachment to aid in the foreclosure of a chattel mortgage held by and being forec..
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The statute provides that a sheriff's official bond with sureties shall be "payable to the Governor of the State of Florida and his successors in office, conditioned for the faithful performance of the duties of his office." Sec. 4568 (2871.) C.G.L.
The duties of a sheriff relates to official service rendered to private parties as well as to governmental entities; and the manifest intent of the statute is that any party who is injured by the breach of official duty to such party may have action against the signers of the sheriff's official bond in the name of the Governor of the State for the use of the injured party. The implications and intendments of a statute are as effective as are the express provisions.
Rehearing denied.
WHITFIELD, C.J., and ELLIS, TERRELL, BROWN, BUFORD, and DAVIS, J.J., concur.
