People v. Madden

SMITH, C.

Appeal from a judgment dismissing the action. The suit was brought against the defendant Madden, county treasurer, and his sureties, to recover the sum of $34,825.35, money of the state and county, fraudulently converted by him. Judgment was entered by stipulation against the sureties,— excepting one, as to whom the action was dismissed,— and, amongst others, against McGahey, now intervener. The defendant Madden had not been personally served, and the suit was continued as to him. The complaint in intervention of McGahey was filed January 6, 1899, ■— about six months after the…