City of Philipsburg v. Degenhart
Montana Supreme Court
Appeal from District Court, Granite County; Welling Nap-ton, Judge. Action by the city of Pliilipsburg against L. C. Degenhart and others. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals. Only moneys that come to the city or town from taxation or other legal sources is the city treasurer bound to receive, and only such moneys as he does receive from these legal sources are the sureties bound to see that he accounts for.
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Appeal from District Court, Granite County; Welling Nap-ton, Judge. Action by the city of Pliilipsburg against L. C. Degenhart and others. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals. Only moneys that come to the city or town from taxation or other legal sources is the city treasurer bound to receive, and only such moneys as he does receive from these legal sources are the sureties bound to see that he accounts for. (Political Code, Sec. 4788, Subd. 1; Century Digest, Yol. 8, Sec. 38, column 49 ; 24 Am. & Eng. Ency. of Law, 879; Mason v.…
1Opinion of the Court
MR. COMMISSIONER CLAYBERG-
prepared the folloAving opinion for the court-.
This is an appeal from a judgment and order overruling a motion for a new trial. The action Avas brought by the city against the sureties upon the official bond of Charles A. Wallender, treasurer of the city of Philipsburg, to recover for a deficiency in his account as such city treasurer. The court found that “the shortage of C. W. Wallender, defendant, is the sum of $1,284.21.” Nevertheless judgment Avas entered for defendants? The official bond sued upon is attached to the complaint on file, and is conditioned as…
Also in this document: Per curiam.
2Cases cited10 opinions
- Detroit Savings Bank v. ZieglerMichigan Supreme Court · 1882
- Bissell v. . SaxtonNew York Court of Appeals · 1876
- Heppe v. JohnsonCalifornia Supreme Court · 1887
- State ex rel. Buchanan County v. SmithSupreme Court of Missouri · 1858
- Sutherland v. . CarrNew York Court of Appeals · 1881
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3Cited by7 opinions
- Parker v. LawsSupreme Court of Arkansas · 1970
- Yuma County v. WisenerArizona Supreme Court · 1935
- Gehlert v. QuinnMontana Supreme Court · 1908
- Erickson v. AndersonMontana Supreme Court · 1926
- City of Roundup v. LiebetrauMontana Supreme Court · 1958
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