District Township of Union v. Smith
Supreme Court of Iowa
Appeal from JELa/rrison District Court. Action upon the official bond of the treasurer of the plaintiff to recover money received by him in the discharge of his official duties, which he has failed to pay over. The condition of the bond is in these words: “If the above bounden Jed.
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Appeal from JELa/rrison District Court. Action upon the official bond of the treasurer of the plaintiff to recover money received by him in the discharge of his official duties, which he has failed to pay over. The condition of the bond is in these words: “If the above bounden Jed. W. Smith, shall well and truly fulfill the duties of treasurer in the district township of Union, and county of Harrison, and State of Iowa, to the best of his ability and according to law, then this obligation to be void,” etc. The answer of defendants, as a defense to the action, sets up that the identical sum,…
1Opinion of the CourtBeck, J.
I. The law mates it the duty of the treasurer of a school district to hold all money'belonging to, the district, and to pay it out upon proper vouchers, signed by the president and secretary. It also provides that his bond shall be conditioned for the faithful performance of his duties. Acts Ninth General Assembly, Chap. 172, §§ 24, 43-47; Rev., §§ 2037, 2048-2051.
i. public om?iobb ; bona, We will first determine whether, upon a bond conditioned as required by law, recovery-may be had for money of the diskdct destroyed while in the hands of the treasurer, without fault on his part, and by…
2Cases cited8 opinions
- Tompkins v. . DudleyNew York Court of Appeals · 1862
- School District No. 1 v. DauchySupreme Court of Connecticut · 1857
- Williams v. . VanderbiltNew York Court of Appeals · 1863
- Bacon v. CobbIllinois Supreme Court · 1867
- District Township of Taylor v. MortonSupreme Court of Iowa · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Lamb v. DartSupreme Court of Georgia · 1899
- State v. NevinNevada Supreme Court · 1885
- Inhabitants of Cumberland Co. v. PennellSupreme Judicial Court of Maine · 1879
- School Township v. StevensSupreme Court of Iowa · 1912
- District Township of Bluff Creek v. HardinbrookSupreme Court of Iowa · 1874
8 more not listed; retrieve them via the Exa API.