Fidelity & Deposit Co. v. Sholtz Ex Rel. Duval County

This is an action at law by defendant in error, as plaintiff below, to recover on the official bond of Frank Brown as Clerk of the Circuit Court of Duval County. The defendant was surety on said bond and the funds sought to be recovered are alleged to have been paid to Brown as Clerk of the Circuit Court and as Clerk of the Board of County Commissioners, and retained by him illegally.

This is the second appearance of this cause here. Carlton v. Fidelity Deposit Co. of Maryland, 113 Fla. 63, 151 So. 291. In the latter case we held that Brown's compensation as Clerk of the Board of County…