Territory of Wyoming v. Ritter
Wyoming Supreme Court
Error to the Second District Court for Albany County. A full statement of the case is contained in the opinion of the court. The cause of action stated in the plaintiff’s petition in the court below is alleged to have accrued on the official bond of George W. Eitter, as judge of probate of the county of Albany, territory of Wyoming.
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Error to the Second District Court for Albany County. A full statement of the case is contained in the opinion of the court. The cause of action stated in the plaintiff’s petition in the court below is alleged to have accrued on the official bond of George W. Eitter, as judge of probate of the county of Albany, territory of Wyoming. The defendants interposed a demurrer to the plaintiff’s petition, alleging these grounds: 1. A defect of parties plaintiff; 2. That the facts stated are not sufficient to constitute a cause of action, etc. And after argument the court below sustained the demurrer,…
1Opinion of the Court
By the Court,
Blair, J.:
This is an action brought on a penal bond, executed by George W. Bitter, and Henry Bath, A. T. Williams, Charles Buster and M. G. Toun, his sureties, to the territory of Wyoming, as judge of probate, and who, as the petition of plaintiff alleges, was also ex officio county treasurer of Albany county. .The petition proceeds to set forth the duties of the judge of probate as ex officio county treasurer, and avers that it is made his duty by law to receive all moneys belonging to the county and territory, from whatever source they may be derived, and shall pay *331the same out…
2Cases cited2 opinions
- Dobbin v. BradleyNew York Supreme Court · 1837
- People v. EdwardsCalifornia Supreme Court · 1858
3Cited by6 opinions
- Reals v. SmithWyoming Supreme Court · 1899
- Ex parte BergmanWyoming Supreme Court · 1890
- State ex rel. Davenport v. LaughtonNevada Supreme Court · 1885
- Lindsley v. City of DenverSupreme Court of Colorado · 1917
- State ex rel. Hahn v. American Surety Co.Supreme Court of Kansas · 1935
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