Baker County v. Huntington
Oregon Supreme Court
From Baker: Bobert Eakin, Judge. Statement by Mr. Chief Justice Wolverton. This is an action by Baker County against A. H. Huntington and others to recover upon an obligation alleged to be the sheriff’s additional bond as tax collector for Baker County.
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From Baker: Bobert Eakin, Judge. Statement by Mr. Chief Justice Wolverton. This is an action by Baker County against A. H. Huntington and others to recover upon an obligation alleged to be the sheriff’s additional bond as tax collector for Baker County. The instrument is in the following form: , “Whereas, at an election held on the 4th day of June, 1900, A. H. Huntington was duly elected sheriff of the county of Baker, State of Oregon, we, A. L. Brown, - and -- hereby undertake that if the said A. H. Huntington shall not pay over1 according to law all money that may come into his hands by…
1Opinion of the CourtChief Justice Wolverton
The first question presented, which arises both on the demurrer to the complaint and on the introduction of testimony touching the purpose of the instrument, is whether the bond can be construed or shown to have been given as the sheriff’s additional bond to cover his duties and obligations as tax collector of the county. It is well settled in this State that prior to the act of 1901 (Laws 1901, p. 245) a sheriff’s ordinary bond did not cover his special duties as tax collector, and therefore would not *278answer for defalcations arising from a failure to pay over tax moneys collected by him in…
2Cases cited17 opinions
- Dair v. United StatesSupreme Court of the United States · 1873
- City of Chicago v. GageIllinois Supreme Court · 1880
- Smith v. Board of SupervisorsIllinois Supreme Court · 1871
- State v. PeckSupreme Judicial Court of Maine · 1865
- Cutler v. RobertsNebraska Supreme Court · 1878
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3Cited by16 opinions
- Miller v. Safeco Title Insurance Co.Court of Appeals for the Ninth Circuit · 1985
- Baker County v. HuntingtonOregon Supreme Court · 1906
- Card v. StirnweisOregon Supreme Court · 1962
- Doherty v. Harris Pine Mills, Inc.Oregon Supreme Court · 1957
- Nowell v. Mayor of MonroeSupreme Court of Georgia · 1933
11 more not listed; retrieve them via the Exa API.