Dirks v. Juel
Nebraska Supreme Court
Error from tbe district court of Nemaba county. Tried below before Letton, J. ' The facts are stated in the opinion. When the clerk received the money under an order directing it to be brought into court, he received it in his official capacity, and the sureties are liable. See McDonald v. Atkins, 13 Nebr., 568; Eeppe v. Johnson, 14 Pac.
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Error from tbe district court of Nemaba county. Tried below before Letton, J. ' The facts are stated in the opinion. When the clerk received the money under an order directing it to be brought into court, he received it in his official capacity, and the sureties are liable. See McDonald v. Atkins, 13 Nebr., 568; Eeppe v. Johnson, 14 Pac. Rep. [Gal.], 835; Walters-Gates v. Wilkinson, 60 N. W. Rep. [Ia.], 514. The act of the clerk in depositing in his own name money held as trustee amounts to conversion. See Pine County v. WiUarcl, 39 N. W. 'Rep. [Minn.], 72; State v. Alsup, 4 S. W. Rep. [Mo.],…
1Opinion of the CourtSullivan, J.
Prom January, 1888, to December 4, 1894, Edward Juel was the duly constituted clerk of the district court for Nemaha county. During his first term, which expired January 7, 1892, he received in his official capacity the proceeds of a partition sale of real estate, and deposited the same in the Carson National Bank to the credit *356of Ms individual account. A portion of the fund so deposited was afterwards paid out on the order of the court to the persons entitled to receive it. Kate Dirks, one of the co-owners of the partitioned estate, having failed to receive her share of the money paid into…
2Cases cited4 opinions
- School District v. First National BankMassachusetts Supreme Judicial Court · 1869
- Williams v. WilliamsWisconsin Supreme Court · 1882
- Naltner v. DolanIndiana Supreme Court · 1886
- Walters-Cates v. WilkinsonSupreme Court of Iowa · 1894
3Cited by4 opinions
- Myers v. MillerNebraska Supreme Court · 1938
- State Ex Rel. Courtney v. CallawayMissouri Court of Appeals · 1922
- In Re Crane's EstateNebraska Supreme Court · 1958
- In Re Crane's EstateNebraska Supreme Court · 1958