Butte County v. Morgan
California Supreme Court
Appeal from, a judgment of the Superior Court of Butte County, and from an order refusing a new trial. The facts are stated in the opinion.
1Opinion of the Court
Hayne, C.
—Action against a county treasurer and the sureties on his official bond. The court below gave *2judgment for the plaintiff, and the defendants appeal from the judgment, and from the order denying their motion for a new trial.
There is no doubt that the defendant Morgan did misappropriate the county funds. He was both treasurer and tax collector. The two offices, though filled by the same person, are separate and distinct, and required separate bonds. (County Government Act, secs. 57, 59; People v. Ross, 38 Cal. 77.) The other defendants are the sureties upon Morgan’s bond as treasurer;…
2Cited by10 opinions
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- Standard Oil Co. of California v. HouserCalifornia Court of Appeal · 1950
- Piggly Wiggly Yuma Co. v. New York Indemnity Co.California Court of Appeal · 1931
- Langley v. Zurich General Accident & Liability InsuranceCalifornia Supreme Court · 1933
- Nye & Nissen, Inc. v. Central Surety & InsuranceCalifornia Court of Appeal · 1945
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