Commissioners of Missoula County v. McCormick
Montana Supreme Court
Appeal from Second District, Missoula County. This was an action brought by the respondents upon the official bond of W. G-. Edwards, late treasurer of Missoula county. A demurrer was interposed by the defendants in the court below, and overruled. This we think was error. It will be assumed that the “ board of county commissioners ” is not a natural person.
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Appeal from Second District, Missoula County. This was an action brought by the respondents upon the official bond of W. G-. Edwards, late treasurer of Missoula county. A demurrer was interposed by the defendants in the court below, and overruled. This we think was error. It will be assumed that the “ board of county commissioners ” is not a natural person. If it is a corporation, it must allege how it was created; a failure to do this omits one of the elements of a good cause of action. The want of capacity to sue is available on a general demurrer. Carhart v. Montana M. L. & M. Co. 1 Mont.…
1Opinion of the CourtConger, J.
For a cause of action the complaint in this case alleges that on the 4th day of August, 1873, the defendant, W. Gf. Edwards, was duly elected to the office of county treasurer of Missoula county, and afterwards, on the 2d day of March, 1874, presented his official bond as such treasurer to the board of county commissioners, which said bond was duly approved and recorded according to law. That on the 12th day of July, 1875, the defendant Edwards, as such treasurer, presented another and a different bond to the chairman of the said board of county commissioners, which bond was by him and the…
2Cases cited3 opinions
- United States v. TingeySupreme Court of the United States · 1831
- Farrar and Brown v. United StatesSupreme Court of the United States · 1831
- Board of Supervisors v. CoffenburyMichigan Supreme Court · 1850
3Cited by4 opinions
- State Ex Rel. Urton v. American Bank & Trust Co.Montana Supreme Court · 1926
- Deer Lodge County v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1910
- Dale v. Trade Street, Inc.Montana Supreme Court · 1993
- Mt. Automobile Association v. GreelMontana Supreme Court · 1981