Boone County v. Wilson
Supreme Court of Iowa
Appeal from Boone District Court. This is an action against the defendant, H. E. Wilson, and the sureties on his bond as clerk of Boone county, for the years 1867 and 1868, to recover an amount of money, $831.20, and interest, alleged to have been received by him as clerk for fees and costs, and which he failed to report and account for. The answer is in denial. There was a trial to a referee who reported the evidence taken, by him, but did not make any findings of fact.
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Appeal from Boone District Court. This is an action against the defendant, H. E. Wilson, and the sureties on his bond as clerk of Boone county, for the years 1867 and 1868, to recover an amount of money, $831.20, and interest, alleged to have been received by him as clerk for fees and costs, and which he failed to report and account for. The answer is in denial. There was a trial to a referee who reported the evidence taken, by him, but did not make any findings of fact. The court rendered judgment for plaintiff for $165.19, and that each party pay one-half the costs. The plaintiff appeals.
1Opinion of the Court
Cole, J. —
1. practice .- conflfc?ofevidence. No exceptions were taken to the evidence, and no error is assigned thereon. It is first claimed that the judgment is not supported by the evidence. There is a conflict in the testimony. The defendant testifies that certain items for county warrants issued to assistants, which were charged to him as in part payment of the salary allowed him, were issued to pay for services pertaining to the duties of his predecessor, and which were left unperformed; and that the Board of Supervisors employed such assistants on its own account, and the charges…
2Cited by2 opinions
- Johnson v. RuthSupreme Court of Iowa · 1909
- Hart v. DelpheySupreme Court of Iowa · 1922