American Bonding Co. v. People

This action was commenced by the attorney general on behalf of1 the State against John A. Holmberg, a former state auditor, and The American Bonding Company, the surety on his official bond, to recover a judgment for certain moneys paid to the auditor by various corporations as annual license tax, under the provisions of sections 64 and 65 of the Revenue Act of 1902. (Sess. Laws, 1902, p. 73.) The state recovered a judgment from which the bonding company appealed. That the money was paid to the auditor and never turned over the state treasury by him is conceded. The auditor, instead of paying…