State ex rel. Perkins v. Barnes
South Dakota Supreme Court
Appeal from circuit court, Hyde county. Hon. Loring E. Gappy, Judge. Action by the state, for the use and benefit of Daniel A. W. Perkins, against Fred M. Barnes and others, to recover the Value of a certain county warrant issued to said Perkins in payment of salary as district attorney. Plaintiff had judgment and defendant appeals. The facts are- stated in the opinion.
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Appeal from circuit court, Hyde county. Hon. Loring E. Gappy, Judge. Action by the state, for the use and benefit of Daniel A. W. Perkins, against Fred M. Barnes and others, to recover the Value of a certain county warrant issued to said Perkins in payment of salary as district attorney. Plaintiff had judgment and defendant appeals. The facts are- stated in the opinion. The official bond having been given to the county, and not to the territory, no cause of action is alleged in favor of the state, as the successor of the territory, N. W. Loan & Trust Co. v. Muggli, 7 S. D. 527, 64 N. W. 1122.…
1Opinion of the CourtCorson, P. J.
This was an action brought in the name of the state, on behalf of Daniel A. W. Perkins, formerly district attorney of Hyde county, to recover of the defendant Barnes, who was formerly county auditor of that county, and his sureties, the value of a county warrant issued for a quarter’s salary, ending September 30, 1890, which had been duly issued by said Barnes as auditor, but delivered by him to a mortgage company, to which it was claimed the same had been assigned. Judgment was entered for the plaintiff, and the defendants appeal.
The defendants pleaded in their answer that the quarter’s…
2Cases cited14 opinions
- Bliss v. . LawrenceNew York Court of Appeals · 1874
- Lewis v. StoutWisconsin Supreme Court · 1867
- Kollock v. ParcherWisconsin Supreme Court · 1881
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- Bangs v. DunnCalifornia Supreme Court · 1884
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