# People v. Jenkins

> California Supreme Court · July 1, 1861 · 17 Cal. 500

URL: https://www.frixlaw.com/law-library/cases/5434640

## Case

- **Full name:** THE PEOPLE v. JENKINSs.
- **Court:** California Supreme Court
- **Decided:** July 1, 1861
- **Citations:** 17 Cal. 500
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Baldwin
- **Judges:** Baldwin
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5434640

## Opinion text

Baldwin, J. delivered the opinion of the Court
Field, C. J. concurring.
1. The principal obligor and his sureties are in no condition to question the regularity of the election of the principal, or his responsibility for acts done in an official capacity. The principal had at least the color of office by his appointment, and the bond estops him and his sureties signing it from denying his official character.
2. The point that an administrator on Brown’s estate should have been appointed and joined as defendant, is answered by the statute which makes official bonds joint and several.
3. The mere passiveness of the Board of Supervisors, in not bringing Brown (the principal) to a settlement, does not discharge him or his sureties.
Judgment affirmed.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5434640. Public record. Not legal advice.