City of Great Falls v. Hanks
Montana Supreme Court
Appeal from District Oourt, Cascade County, C. 3. Benton, Judge. Action by the city of Great Falls against Will Hanks, Thomas E. Brady, K. B. Mclver, A. E. Dickerman, R. Vaughn and J. H. McKnight. Judgment for defendants, and plaintiff appeals. Statement of the case by the justice delivering the opinion. Action by the plaintiff and appellant, the City of Great Falls, against the sureties on the official bond of the treasurer of the city.
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Appeal from District Oourt, Cascade County, C. 3. Benton, Judge. Action by the city of Great Falls against Will Hanks, Thomas E. Brady, K. B. Mclver, A. E. Dickerman, R. Vaughn and J. H. McKnight. Judgment for defendants, and plaintiff appeals. Statement of the case by the justice delivering the opinion. Action by the plaintiff and appellant, the City of Great Falls, against the sureties on the official bond of the treasurer of the city. It appears by the complaint that one P. J. Elliott was the treasurer of the city of Great Falls from April 22, 1893, until August 5, 1893, when he died,…
1Opinion of the CourtHunt, J.
Several assignments of error are predicated upon rulings made upon the trial of the case, whereby the court excluded certain evidence offered by plaintiff to show that Elliott’s predecessor in office turned over to him certain sums of money, the property of the city of Great Falls. We find no error in this action of the court, inasmuch as it was expressly admitted by the answer that Elliott, as treasurer, did *88between Mayl and August 5, 1893, receive $18,000 in money belonging to the said city. Plaintiff having asked judgment for $18,000 and interest only, the evidence was immaterial.
Plaintiff…
Also in this document: Concurrence.
2Cases cited2 opinions
- Greentree v. . RosenstockNew York Court of Appeals · 1875
- City of Livingston v. WoodsMontana Supreme Court · 1897
3Cited by1 opinion
- Nolan v. Montana Central Railway Co.Montana Supreme Court · 1901