Wilson v. People
Supreme Court of Colorado
Appeal from the District Court of Fremont County. This case was submitted without suit upon the following agreed statement of facts : The defendant John Wilson was, during the time hereinafter stated, and is now, the duly appointed and acting clerk of the district court of Fremont county, Colorado, and the defendants, S. W. Humphrey, C. S. Topping, and J. H. Harrison, are the sureties on his official bond as such clerk, a true copy of which with the indorsements thereon is…
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Appeal from the District Court of Fremont County. This case was submitted without suit upon the following agreed statement of facts : The defendant John Wilson was, during the time hereinafter stated, and is now, the duly appointed and acting clerk of the district court of Fremont county, Colorado, and the defendants, S. W. Humphrey, C. S. Topping, and J. H. Harrison, are the sureties on his official bond as such clerk, a true copy of which with the indorsements thereon is herewith attached. “ 2. At various times during the year 1887, the plaintiff, the Pueblo & Arkansas Valley Railroad…
1Opinion of the CourtJustice Goddard
From the agreed facts it appears that the money was lost through no fault of the clerk. He deposited the money in a bank of reputed solvency, as clerk of the court, and in doing so acted as prudent men ordinarily do with their own funds. The judgment of the court below must, therefore, be upheld, if at all, upon the principle that the conditions of his official bond imposed upon him an absolute obligation to pay the money when required, and that no exercise of diligence on his part will exonerate him from such obligation. Such is the contention of counsel for appellee, and for its support he…
2Cases cited2 opinions
- United States v. ThomasSupreme Court of the United States · 1873
- State v. WalsenSupreme Court of Colorado · 1892
3Cited by17 opinions
- Hunt v. HopleySupreme Court of Iowa · 1903
- Fairchild v. HedgesWashington Supreme Court · 1896
- Van Trees v. Territory of OklahomaSupreme Court of Oklahoma · 1898
- People v. McGrathIllinois Supreme Court · 1917
- Northern Pacific Railway Co. v. OwensSupreme Court of Minnesota · 1902
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