Territory v. Carson
Montana Supreme Court
Appeal from District Court, Gallatin County. The doctrine of United States v. Singer, 15 Wall. Ill, governs. Mr. Justice Field says: “The official bond of parties undoubtedly covers, not merely duties imposed by existing law, but duties belonging to and naturally connected with their office or business imposed by subsequent law. But the new duties should have some relation to or connection with such office or business, and not be disconnected from and foreign to both.”
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Appeal from District Court, Gallatin County. The doctrine of United States v. Singer, 15 Wall. Ill, governs. Mr. Justice Field says: “The official bond of parties undoubtedly covers, not merely duties imposed by existing law, but duties belonging to and naturally connected with their office or business imposed by subsequent law. But the new duties should have some relation to or connection with such office or business, and not be disconnected from and foreign to both.” Page 112. “An office is a public station or employment, conferred by the appointment of government. . The term embraces the…
1Opinion of the CourtGalbraith, J.
This is an appeal from a judgment rendered against the appellant Charles A. Carson, probate judge of Gallatin County, and the other defendants, who were the sureties upon his official bond, for certain money alleged to have been received by him in his official capacity, and unlawfully withheld by him from the county. This judgment was rendered in consequence of an order sustaining respondent’s two motions for judgment on the pleadings; the one being for judgment against the appellant Carson, and the other for judgment against the sureties.
It is claimed that the complaint does not state facts…
2Cases cited8 opinions
- People, Ex Rel. Gere v. . WhitlockNew York Court of Appeals · 1883
- United States v. SingerSupreme Court of the United States · 1872
- Denver v. HobartNevada Supreme Court · 1874
- Long v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1880
- Andrews v. United StatesU.S. Circuit Court for the District of Massachusetts · 1842
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3Cited by5 opinions
- State Ex Rel. Nagle v. SullivanMontana Supreme Court · 1935
- Peterson v. City of ButteMontana Supreme Court · 1912
- Ryce v. City of OsageSupreme Court of Iowa · 1893
- Maddox v. RaderMontana Supreme Court · 1889
- Lloyd v. Silver Bow CountyMontana Supreme Court · 1891