Thorne v. Adams County
Nebraska Supreme Court
Error to the district court for Adams county. Tried below before Morris, J. cited: Sec. 29, Civil Code. _ Albertson v. State, 9 Neb., 429. Bkmter v. Commissioners, 10 Ohio State, 519. cited: Sec. 32, Civil Code. Pomeroy Remedies, Secs. 171, 179. Peelv. Elliot, 7 Abb. Pr., 433. Albertson v. State, 9 Neb., 429.
1Opinion of the CourtCobb, J.
There is but one controversy presented by the record and briefs of counsel in this case, and that is, whether in a case where a county treasurer has become a defaulter in respect to the several funds — county, state, school district, and other funds — which it is his duty to collect and pay over to the persons and corporations entitled thereto, an action can be maintained against him for all of said funds for the payment of which such county treasurer is in de*826fault, by and in the name of the proper county. It seems to be admitted that where there is a subsisting bond given by such county…
2Cases cited1 opinion
- Albertson v. StateNebraska Supreme Court · 1879
3Cited by1 opinion
- Lancaster County v. StateNebraska Supreme Court · 1905