Mahaska County v. Ruan
Supreme Court of Iowa
Appeal from Mahaska District Court. This action was brought to recover of the defendant, Ruan, as county auditor, and of his sureties, for rents collected and belonging to the county, for costs paid him in road cases, for overdrawing his salary, for money received' by him of the clerk of the District Court as the amount of a school fund judgment, and for copies of the Code received by him and not accounted for. , The District Court found that the defendants were liable for…
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Appeal from Mahaska District Court. This action was brought to recover of the defendant, Ruan, as county auditor, and of his sureties, for rents collected and belonging to the county, for costs paid him in road cases, for overdrawing his salary, for money received' by him of the clerk of the District Court as the amount of a school fund judgment, and for copies of the Code received by him and not accounted for. , The District Court found that the defendants were liable for the sum of $302.92 for rents collected; $100 for costs in road cases; $150 for overdrawing salary; $655.05 for money…
1Opinion of the Court
Adams, J. — I.
n county augensation^of: ■sureties. Ruan’s salary was fixed by the board of supervisors at eighteen hundred dollars per year. Eor 1872 he drew thirteen orders on the county treasurer for $150 each, which orders were paid, amounting to nineteen hundred and fifty dollars, being one hundred and fifty dollars in excess of his salary. It is contended by the appellants that they are not liable as sureties for such overdraft, and they place their exemption upon the ground that the money was not received by Ruan by virtue of his office. But we thinlc that this position cannot.be…
2Cited by6 opinions
- County of Silver Bow v. DaviesMontana Supreme Court · 1910
- Lewis v. State ex rel. Noxubee CountyMississippi Supreme Court · 1888
- Myers v. ColquittCourt of Appeals of Texas · 1914
- County of Imperial v. AdamsCalifornia Court of Appeal · 1931
- Holloway v. RichardsonHawaii Supreme Court · 1908
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