Winneshiek County v. Maynard
Supreme Court of Iowa
Appeal from Winneshiek Circuit Court- This action was brought against the defendant, L. S. Maynard, as collector of taxes of Bloomfield township, Winneshiek county; to recover a balance due from him for taxes collected, and also against W. H. Baker, T. A. Wendell and N. Peckham, as sureties upon said Maynard’s official bond.
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Appeal from Winneshiek Circuit Court- This action was brought against the defendant, L. S. Maynard, as collector of taxes of Bloomfield township, Winneshiek county; to recover a balance due from him for taxes collected, and also against W. H. Baker, T. A. Wendell and N. Peckham, as sureties upon said Maynard’s official bond. A trial was had to the court upon the following stipulated facts: “1. That the' defendant, L. S. Maynard, was in A. D. 1871 elected township collector of Bloomfield township, in said county, and duly qualified as such and discharged the duties of said office. “ 2. That…
1Opinion of the CourtAdams, J.
The bond recites that said Maynard has been elected collector for Bloomfield township. The answer avers that “ said Maynard refused and neglected to qualify as collector pursuant to the election or otherwise, and refused and neglected to file the said bond and have the same approved as provided by law, and the said office became and was as pro*18vided by law duly declared by reason of said refusal and neglect by the proper authority to be vacant, and by reason thereof the said bond became and was and is of no validity whatever.”
It is claimed by the appellee that it does not appear from the…
2Cited by2 opinions
- State ex rel. Bickford v. CockeTexas Supreme Court · 1881
- Holt County v. ScottNebraska Supreme Court · 1897