Board of Commissioners v. Gardner
Montana Supreme Court
Appeal from Sixth Judicial District, Meagher County. Action on official bond of county assessor. Defendant’s demurrer to the complaint was overruled by Henry, J., and judgment entered for plaintiff. Statement of the case by the justice delivering the opinion. This is an appeal by the defendants from a judgment entered against them upon the overruling of their demurrer to the complaint.
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Appeal from Sixth Judicial District, Meagher County. Action on official bond of county assessor. Defendant’s demurrer to the complaint was overruled by Henry, J., and judgment entered for plaintiff. Statement of the case by the justice delivering the opinion. This is an appeal by the defendants from a judgment entered against them upon the overruling of their demurrer to the complaint. The question therefore is, does the complaint state a cause of action? Defendant Gardner was assessor of Meagher county. Defendants Moore and Anderson were sureties on his official bond. Gardner’s term of…
1Opinion of the CourtDe Witt, J.
In favor of the demurrer, appellants present three questions: First, that at the time the bond was executed there was no statute making it the duty of the assessor to collect the poor tax, and, if it were not the duty of his office, the bondsmen were not liable; second, that if such statute did exist at the time of making the bond, it was repealed by the act of the legislature of March 6, 1891, —a date prior to the collection and alleged embezzlement of the funds; third, that if at the time the bond was given, or the collections were made by the assessor, there was a law on the statute book…
2Cases cited5 opinions
- Mayor of New York v. Manhattan Railway Co.New York Court of Appeals · 1894
- Illinois Central Railroad v. KingMississippi Supreme Court · 1892
- Middleton v. State ex rel. City of ElkhartIndiana Supreme Court · 1889
- People ex rel. Livingston County v. HooverIllinois Supreme Court · 1879
- People v. GillespieAppellate Court of Illinois · 1893
3Cited by5 opinions
- State Ex Rel. City of Wolf Point v. McFarlanMontana Supreme Court · 1927
- Riverton Valley Drainage Dist. v. Board of County Com'rs.Wyoming Supreme Court · 1937
- State Ex Rel. Davidson v. SedilloNew Mexico Supreme Court · 1929
- City of Philipsburg v. DegenhartMontana Supreme Court · 1904
- Nez Perce County v. DentIdaho Supreme Court · 1933