City of Livingston v. Woods
Montana Supreme Court
Appeal from District Courts Parle County. Frank Henry, Jtidge. Action by the City of Livingston against Frank T. Woods and others to recover upon an official bond. From a judgment for plaintiff, defendants appeal. Statement of the case by the justice delivering the opinion. The defendant Frank T. Woods, at the time this action was commenced, and prior thereto, was the Treasurer of the City of Livingston. The other defendants were sureties on his official bond.
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Appeal from District Courts Parle County. Frank Henry, Jtidge. Action by the City of Livingston against Frank T. Woods and others to recover upon an official bond. From a judgment for plaintiff, defendants appeal. Statement of the case by the justice delivering the opinion. The defendant Frank T. Woods, at the time this action was commenced, and prior thereto, was the Treasurer of the City of Livingston. The other defendants were sureties on his official bond. This action is on the official bond of Woods to collect the sum of $756.50, which it is alleged in -the complaint he failed, in…
1Opinion of the CourtPemberton, C. J.
Sections 350, 351, and 352 of the Compiled Statutes of 1887 control as to the conditions of the city treasurer’s bond, as well as define and limit his duties and powers in relation to the public funds. Section 350 provides :
‘ ‘The treasurer shall give bond to the city in its incorporate name, with sureties to be approved by council * * * for *95the faithful performance of his duties as treasurer, and also when he vacates the office that he will deliver over to his successor all money, books, papers, property and all other things belonging to the city or town held by him as treasurer. ’ ’
Section…
2Cases cited7 opinions
- United States v. PrescottSupreme Court of the United States · 1845
- United States v. ThomasSupreme Court of the United States · 1873
- United States v. MorganSupreme Court of the United States · 1851
- United States v. DashielSupreme Court of the United States · 1866
- Bevans v. United StatesSupreme Court of the United States · 1872
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3Cited by17 opinions
- Wiley v. City of SpartaSupreme Court of Georgia · 1922
- City of Butte v. GoodwinMontana Supreme Court · 1913
- State ex rel. Rankin v. Madison State BankMontana Supreme Court · 1923
- Pethybridge v. First State Bk. of LivingstonMontana Supreme Court · 1926
- Edgerton Independent Consolidated School District No. 2 v. VolzSouth Dakota Supreme Court · 1926
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