Legal Opinion

State v. Nevin

Nevada Supreme Court

Decided July 15, 1885No. 1212PublishedCited by 23 opinions

Appeal from the-District-Court of the- First Judicial District, Storey County. The facts are stated in the opinion. I. 2 Comp. Laws, 2917,2920, and 2980, contain all the provisions relating to the bonds of county treasurers, and these, together with 2981, 2986, and 2991, contain the provisions relating to the treasurer’s duties with respect to the public money. For the performance of these duties, the treasurer is paid a salary. He is simply the custodian of the money.

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Appeal from the-District-Court of the- First Judicial District, Storey County. The facts are stated in the opinion. I. 2 Comp. Laws, 2917,2920, and 2980, contain all the provisions relating to the bonds of county treasurers, and these, together with 2981, 2986, and 2991, contain the provisions relating to the treasurer’s duties with respect to the public money. For the performance of these duties, the treasurer is paid a salary. He is simply the custodian of the money. His duties cannot, by his bond, be extended to include any liability other than that imposed by law, and the law does not…

1Opinion of the Court

By the Court,

Hawley, J.:

This action was brought against the county treasurer of Storey County, and the sureties upon his official bonds, to recover an amount of money admitted to be deficient in the accounts of the county treasurer. The answer alleges that the money was forcibly taken by robbers from the treasurer and carried away by irresistible force, “without any fault or negligence, or want of reasonable care or diligence in the preservation and care of said sum of money, so that said sum of money was entirely lost to the treasury of said county, and no part thereof has ever been…

2Cases cited14 opinions

  1. United States v. PrescottSupreme Court of the United States · 1845
  2. United States v. ThomasSupreme Court of the United States · 1873
  3. Boyden v. United StatesSupreme Court of the United States · 1872
  4. Muzzy v. ShattuckCourt for the Trial of Impeachments and Correction of Errors · 1845
  5. Halbert v. State ex rel. Board of CommissionersIndiana Supreme Court · 1864

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3Cited by23 opinions

  1. Wiley v. City of SpartaSupreme Court of Georgia · 1922
  2. Bush v. Johnson CountyNebraska Supreme Court · 1896
  3. Town of Cameron v. HicksWest Virginia Supreme Court · 1909
  4. Board of Education v. JewellSupreme Court of Minnesota · 1890
  5. Pond v. United StatesCourt of Appeals for the Ninth Circuit · 1901

18 more not listed; retrieve them via the Exa API.

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