Legal Opinion

State v. Fredericks

Supreme Court of Iowa

Decided June 13, 1859PublishedCited by 7 opinions

Appeal from the Tama District Court. The petition in this case alleges, that on the 7th day of April, 1856, the defendant, Fredericks, was duly elected school fund commissioner, for the county of Tama, for the term of two years; and that on the 21st of said April, he, with the other defendants, his sureties, made their writing obligatory, conditioned for the faithful discharge of the duties devolving upon said Fredericks as said fund commissioner.

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Appeal from the Tama District Court. The petition in this case alleges, that on the 7th day of April, 1856, the defendant, Fredericks, was duly elected school fund commissioner, for the county of Tama, for the term of two years; and that on the 21st of said April, he, with the other defendants, his sureties, made their writing obligatory, conditioned for the faithful discharge of the duties devolving upon said Fredericks as said fund commissioner. The condition of the bond is specifically set out. It is there stated that this bond was presented to the clerk of the district court of said…

1Opinion of the CourtWeight, C. J.

The official bond of the school fund commissioner, is required to be deposited with the clerk of the district court, and the sureties are to be approved by such clerk, and the sheriff’ of the county. Code, section 1090. Section 330 provides, that the bonds of county officers shall be approved by the county judge, which approval shall be indorsed upon the bond, and signed by the approving officer. Section 337 recites, “that no official bond shall be void, for want of compliance with the statute, but it shall be valid in law for the matter therein contained.”

The rule is believed to be uniform,…

2Cases cited2 opinions

  1. President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
  2. Marshall v. StateIndiana Supreme Court · 1846

3Cited by7 opinions

  1. Holt County v. ScottNebraska Supreme Court · 1897
  2. Fire Ass'n v. RubyNebraska Supreme Court · 1900
  3. Howard v. United StatesCourt of Appeals for the Eighth Circuit · 1900
  4. State ex rel. Treasure Stove Works v. ProudfootWest Virginia Supreme Court · 1894
  5. Town of Weston v. SpragueSupreme Court of Vermont · 1882

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