Todd v. Boone County
Supreme Court of Missouri
ERROR to Boone Circuit Court. 1. Moss Prewitt was an interested witness, and ought to have been excluded.— 2 Porter’s Alabama Reports. 2. It devolved upon the plaintiff below to show an official default on the part of Cornelius, occurring during the official term covered by the bond now in suit, and the present bond being executed by the sureties on the 28th December, 1840, they are liable only for defaults occurring subsequent to that day.' — United States vs. Eckford’s…
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ERROR to Boone Circuit Court. 1. Moss Prewitt was an interested witness, and ought to have been excluded.— 2 Porter’s Alabama Reports. 2. It devolved upon the plaintiff below to show an official default on the part of Cornelius, occurring during the official term covered by the bond now in suit, and the present bond being executed by the sureties on the 28th December, 1840, they are liable only for defaults occurring subsequent to that day.' — United States vs. Eckford’s Representatives, 1 Howard’s U.S. Reps., 250. 3. In the imputation of indefinite payments, made by officers holding the same…
1Opinion of the CourtNapton, Judge
This was an action instituted upon the official bond of William Cornelius, as treasurer of Boone county, with R, N. Todd, David Lammer and Samuel Murrell as securities.
The facts, as preserved by the bill of exceptions, are as follows:—
On the 2d December, 1840, William Cornelius resigned his office as treasurer of Boone county, (having held the same from January, 1836, up to that date,) and on the same day, he was re-appointed and entered into bond. On the 28th of the same month, this bond, with Todd, Lammer and Murrell as securities, was approved by the County Court. On the first of December,…
2Cited by5 opinions
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