Morgan v. Long
Supreme Court of Iowa
Apjpeal from Dallas Circuit Court. Wednesday, August 31. The defendant Long, was clerk of the District and circuit courts, duly elected and qualified, the other defendants are the sureties upon the bond, as such clerk. Plaintiffs recovered judgments against certain parties in the circuit court, and afterwards the defendants thereon paid the interest thereof to his clerk and satisfaction in due form was entered by said clerk in the proper records.
Read the full summary
Apjpeal from Dallas Circuit Court. Wednesday, August 31. The defendant Long, was clerk of the District and circuit courts, duly elected and qualified, the other defendants are the sureties upon the bond, as such clerk. Plaintiffs recovered judgments against certain parties in the circuit court, and afterwards the defendants thereon paid the interest thereof to his clerk and satisfaction in due form was entered by said clerk in the proper records. This money, without plaintiff’s knowledge or consent, he deposited with a private banker, who failed, and these actions are brought upon the clerk’s…
1Opinion of the CourtWeight, J.
The only question made in this case is, whether by the sentence, or at common law it was the official duty of the clerk to receive money upon any judgment, rendered in his office, and hence whether he and his sureties are liable upon their bond for his failure to pay over to the proper parties the money which he thus collects.
The statute, as well as the conditions of his bond require him to promptly pay over to the person or officer entitled thereto, all money, which may come into his hands by virtue of Ms office.” Did this money thus come into his hands ? That it did we entertain but little…
2Cases cited1 opinion
- Bessinger v. DickersonSupreme Court of Iowa · 1866
3Cited by10 opinions
- People v. McGrathIllinois Supreme Court · 1917
- Wright & Co. v. HarrisSupreme Court of Iowa · 1871
- Northern Pacific Railway Co. v. OwensSupreme Court of Minnesota · 1902
- Howard v. United StatesCourt of Appeals for the Eighth Circuit · 1900
- Walters-Cates v. WilkinsonSupreme Court of Iowa · 1894
5 more not listed; retrieve them via the Exa API.