Adams County v. Hunter
Supreme Court of Iowa
Appeal from Adams District Court. — Hon. John W. Harvey, Judge. The defendant E. H. Hunter was treasurer of the county of Adams for two successive terms, commencing in January, 1884, and ending in' January, 1888. This action was brought upon his last official bond, and it is set forth in the petition that said Hunter, at the end of his term in January, 1888, failed to account for and pay over to his successor in office the sum of $4,353.30 of county funds, but converted 'the…
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Appeal from Adams District Court. — Hon. John W. Harvey, Judge. The defendant E. H. Hunter was treasurer of the county of Adams for two successive terms, commencing in January, 1884, and ending in' January, 1888. This action was brought upon his last official bond, and it is set forth in the petition that said Hunter, at the end of his term in January, 1888, failed to account for and pay over to his successor in office the sum of $4,353.30 of county funds, but converted 'the sum to his own use. Judgment was demanded against said Hunter and the sureties on his official bond' for that amount.…
1Opinion of the CourtRothrook, J.
i pleadingsistent'wXh" Feotionntoob’ iate. I. It will be observed from the foregoing statement of facts that the plaintiff brought the action upon the bond without regard to settlement and discharge of Hunter. When the 'settlement and release were pleaded, the plaintiff replied by setting up fraud in the settlement, and a want of power in the board to enter into the alleged contract upon which the amount in dispute was founded. Counsel for appellant insist in argument that the plaintiff is not entitled to any relief, because the averments of the reply are inconsistent with the averments of…
2Cases cited6 opinions
- Wilhelm v. Cedar CountySupreme Court of Iowa · 1878
- Griffin v. Clay CountySupreme Court of Iowa · 1884
- Fawcett v. Woodbury CountySupreme Court of Iowa · 1880
- Moore v. Mahaska CountySupreme Court of Iowa · 1883
- Fawcett v. EberlySupreme Court of Iowa · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Bay v. DavidsonSupreme Court of Iowa · 1907
- Dorsett v. GarrardSupreme Court of Georgia · 1890
- Ryce v. City of OsageSupreme Court of Iowa · 1893
- State ex rel. Wiles v. AlbrightNorth Dakota Supreme Court · 1901
- Dodson v. McCurninSupreme Court of Iowa · 1917
11 more not listed; retrieve them via the Exa API.