State ex rel. Hahn v. American Surety Co.

The opinion of the court was delivered by

Dawson, J.:

This is an appeal from a judgment impressing a liability on the surety on the official bond of a probate judge for defalcations of that functionary in his official capacity as county judge.

The facts developed by the pleadings and by stipulation of counsel were to this effect:

In .1925 the board of county commissioners of Phillips county established a county court as authorized by R. S. 20-801 et seq. At the general election in 1928 the defendant, Whitney, was elected probate judge. He gave the statutory bond with defendant, American Surety…