Doty v. Ellsbree
Supreme Court of Kansas
Error from Labette District Court. Action by Ellsbree as plaintiff against Emnaett Doty, J. F. "Waskey, F. P. Waskey, J. W. Weir, Wm. Herbaugh and J. C. Petty, the sureties on the official bond of H. C. Bridgman of Labette county. The averments of the petition are sufficiently stated in the opinion of the court. The defendants demurred.
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Error from Labette District Court. Action by Ellsbree as plaintiff against Emnaett Doty, J. F. "Waskey, F. P. Waskey, J. W. Weir, Wm. Herbaugh and J. C. Petty, the sureties on the official bond of H. C. Bridgman of Labette county. The averments of the petition are sufficiently stated in the opinion of the court. The defendants demurred. The district court, at the March Term 1872, overruled the demurrer; and from the order overruling said demurrer defendants appeal, and bring the case here by petition in error. 1. The petition in the court below did not disclose a cause of action against…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The defendant in error brought his action on the bond of the county treasurer of Labette county. The sureties demurred. The demurrer was overruled, and they now allege error. The petition alleged ownership of certain county warrants bearing date prior to August 1st 1870; that the county commissioners submitted to the voters the question of issuing bonds to pay off the warrants and orders due Aug. 1st 1870; that the vote was in favor of the issue; that the bonds were issued, negotiated, and the proceeds placed in the hands of the county…
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