County of Silver Bow v. Davies
Montana Supreme Court
Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Action by Silver Bow County against William E. Davies and the American Bonding Company of Baltimore. Judgment for plaintiff, and defendants appeal. The act of the deputy clerk was not the proximate cause of the loss to which the county may have been subjected by the payment of these certificates.
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Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Action by Silver Bow County against William E. Davies and the American Bonding Company of Baltimore. Judgment for plaintiff, and defendants appeal. The act of the deputy clerk was not the proximate cause of the loss to which the county may have been subjected by the payment of these certificates. They offered no justification whatever to the county treasurer for the payments made by him, and afford him, and consequently the county, no basis for an action against the clerk or his bondsmen. In order to entitle the plaintiff…
1Opinion of the Court
MB. CHIEF JUSTICE BBANTL3T
delivered the opinion of the court.
The plaintiff brought this action to recover on the official bond of the defendant William E. Davies, given as clerk of the district court of Silver Bow county, certain sums of money alleged to have been lost to the plaintiff through the wrongful acts of one W. P. Farrell while acting as Davies’ chief deputy. The defendant corporation is his surety. Davies was elected to the office in 1904 for the term of four years, beginning January 2, 1905, and entered upon the discharge of his duties upon that date, having qualified and filed…
2Cases cited14 opinions
- Hart v. United StatesSupreme Court of the United States · 1877
- Hatton v. HolmesCalifornia Supreme Court · 1893
- Oakland Bank of Savings v. MurfeyCalifornia Supreme Court · 1886
- In re FarrellMontana Supreme Court · 1907
- Jackson County v. DerrickSupreme Court of Alabama · 1897
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Yellowstone County v. First Trust & Savings BankMontana Supreme Court · 1912
- Buhler v. LoftusMontana Supreme Court · 1917
- Allen v. Bear Creek Coal Co.Montana Supreme Court · 1911
- Crawford v. PierseMontana Supreme Court · 1919
- Grant v. NihillMontana Supreme Court · 1922
18 more not listed; retrieve them via the Exa API.