Bd. of Supervisors of Sacramento v. Bird
California Supreme Court
Appeal from the District Court, Sixth Judicial District, Sacramento County. At the general election held in the fall of 1861, Bird was elected Treasurer of the City and County of Sacramento, to hold office two years from the 8th day of October, 1861. On the 1st day of October, 1861, he filed in the office of the County Clerk of Sacramento his official bond, without a seal opposite his own name.
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Appeal from the District Court, Sixth Judicial District, Sacramento County. At the general election held in the fall of 1861, Bird was elected Treasurer of the City and County of Sacramento, to hold office two years from the 8th day of October, 1861. On the 1st day of October, 1861, he filed in the office of the County Clerk of Sacramento his official bond, without a seal opposite his own name. On or about the 10th day of September, 1863, Bird suddenly left the County of Sacramento, and a subsequent examination of his accounts showed the defalcation for Which this action was brought. The copy…
1Opinion of the Court
By the Court, Rhodes, J.:
Action upon the official bond of Bird as the Treasurer of the City and County of Sacramento. The breach assigned is in substance that in September, 1863, there was in the official custody of Bird, as the Treasurer of said county, the sum of one hundred and twenty-five thousand and forty-nine dollars *69and fifty cents of the funds of said county, which it was his duty to safely keep, as provided by law; and that he unlawfully, and in violation of his duty, converted to his own use one hundred thousand dollars, parcel of said sum of money. After Bird absconded, it was…
2Cases cited1 opinion
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