Kuhl v. Pierce County
Nebraska Supreme Court
Error from the district court of Pierce county. Tried below before Kinkaid, J. See opinion for statement of the case. There is no privity of interest between the sureties on the first and second bonds. The liability incurred by a surety on an official bond is for the term for which the’officer was elected, and the courts have universally held that the liability of a surety on such bond is to be strictly construed according to the terms of the bond.
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Error from the district court of Pierce county. Tried below before Kinkaid, J. See opinion for statement of the case. There is no privity of interest between the sureties on the first and second bonds. The liability incurred by a surety on an official bond is for the term for which the’officer was elected, and the courts have universally held that the liability of a surety on such bond is to be strictly construed according to the terms of the bond. (Miirfree, Official Bonds, sec. 731.) There is no trust, express or implied, in the office of county treasurer. His liability for the funds in his…
1Opinion of the Court
Ragan, C.
At the general election held in November, 1887, one Carl Korth, was duly elected treasurer of Pierce county. He qualified by giving bond and entering upon the discharge of his duties. The plaintiffs in error (hereinafter called the “sureties”) signed Korth’s official bond as treasurer for the term for which he was elected and which expired on the first of January, 1890. At the November election, 1889, Korth was again elected treasurer of Pierce county for two years and again qualified and entered upon the discharge of his duties for the second term commencing January 1, 1890. A large…
2Cases cited11 opinions
- Watson v. SutherlandSupreme Court of the United States · 1867
- Consaul v. SheldonNebraska Supreme Court · 1892
- Welton v. DicksonNebraska Supreme Court · 1894
- Mills v. MillerNebraska Supreme Court · 1873
- Polk v. CovellNebraska Supreme Court · 1895
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3Cited by20 opinions
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- City of Mitchell v. Western Public Service Co.Nebraska Supreme Court · 1933
- Richardson v. WarnerNebraska Supreme Court · 1939
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