Missoula County v. Edwards
Montana Supreme Court
Appeal from Second District, Missoula County. This action was tried by Know les, J. The county commissioners of Missoula county had no authority to substitute the second bond for the first one. Their duties are defined by the statutes, which do not confer this-power. Codified Statutes, 451, § 87; 452, § 90; 1 Dill. Mun. Corp. 173, § 55 ; Homiblower v. Duden, 35 Cal. 664. The county commissioners had the power to accept the new bond in lieu of the old one.
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Appeal from Second District, Missoula County. This action was tried by Know les, J. The county commissioners of Missoula county had no authority to substitute the second bond for the first one. Their duties are defined by the statutes, which do not confer this-power. Codified Statutes, 451, § 87; 452, § 90; 1 Dill. Mun. Corp. 173, § 55 ; Homiblower v. Duden, 35 Cal. 664. The county commissioners had the power to accept the new bond in lieu of the old one. All the facts were found for respondents, and this is the only question. Codified Statutes, 435, §14; 1 Dill. Mun. Corp. 274-276; United…
1Opinion of the CourtBlaee, J.
This action was commenced by the board of commissioners of Missoula county against the sureties upon the official bond of Edwards, the county treasurer. This bond was executed December 19, 1873, to the board of county commissioners, and filed and approved according to law, and Edwards entered afterward upon the discharge of his duties as such officer. Some of the respondents, who were sureties upon this bond, wished to be released from the same, and a new bond in proper form was executed, filed and approved July 12, 1875. A settlement between Edwards and the county commissioners was duly made…
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