State v. Henderson
Supreme Court of Iowa
Appeal from Warren Circuit Court. Each of these actions is upon a bond executed by P. P. Henderson, as treasurer of Warren county, as principal, with the other defendants, respectively, as sureties. One of the bonds bears date January 1st, 1866, and the other December 18th, 1867. In each of the bonds the obligors acknowledge themselves “ held and firmly bound unto the county of Warren, and State of Iowa, in the penal sum of thirty thousand dollars.”
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Appeal from Warren Circuit Court. Each of these actions is upon a bond executed by P. P. Henderson, as treasurer of Warren county, as principal, with the other defendants, respectively, as sureties. One of the bonds bears date January 1st, 1866, and the other December 18th, 1867. In each of the bonds the obligors acknowledge themselves “ held and firmly bound unto the county of Warren, and State of Iowa, in the penal sum of thirty thousand dollars.” In all other respects the bonds are in the usual form of a county treasurer’s bond. On the 31st day of July., 1874, the plaintiff commenced au…
1Opinion of the CourtDay, J.
The county treasurer is a county officer. His bond is required to be given to the county, (Code of 1873, i. boxd: con-county°tr<5as-urer. See. 877,) and to be approved by the Board of Supervisors, (Code, Sec. 560.) It is claimed that the bond in this case, unto the county of Warren, and State off Iowa, is a bond to the State as well as to the county. We think, however, that this phraseology is not of *244itself sufficient to warrant the conclusion that the State was intended to be named as an obligee in the bond. The form of expression here employed is usual' when nothing more is intended than…
2Cases cited4 opinions
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