State ex rel. Maries County v. Johnson
Supreme Court of Missouri
Appeal from, Maries Circuit Court. I. Defendants were in no wise liable for any default or failure of their principal to pay over school monies. The treasurer must give a separate bond for that. (Wagn. Stat., 1251, § m I. Section 5, p. 410,Wagn. Stat., 1870, provides that the treasurer shall give bond to the county “for the faithful performance of the duties of his office.”
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Appeal from, Maries Circuit Court. I. Defendants were in no wise liable for any default or failure of their principal to pay over school monies. The treasurer must give a separate bond for that. (Wagn. Stat., 1251, § m I. Section 5, p. 410,Wagn. Stat., 1870, provides that the treasurer shall give bond to the county “for the faithful performance of the duties of his office.” One of his duties of his office is to reeeive'and pay over school monies, and for failure to do this he is liable on his bond. It is true, that a separate bond is required^ but suppose it is not given. He gets the school…
1Opinion of the Court
Adams, «Judge j
delivered the opinion of the court.
This was an action .on the official bond of Samuel Johnson as treasurer proper of Maries county. The action was commenced against Johnson and his sureties in Maries county, and taken by change of venue to Osage County. No service was had upon Johnson, who was a non-resident of the State.
The petition charged breaches of the bond in not accounting for, and paying over to his successor in office, county and township school funds. The answers of the defendants set up the defease that there was no default under this bond ; that they were not liable…
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