Harrison County v. Ogden
Supreme Court of Iowa
Appeal from Harrison District Court. — Hon. O. D. Wheeler, Judge. Action against a treasurer on his bond to recover money in his hands, as treasurer, belonging to the county. Defense that he paid the money upon a warrant issued by the auditor.
Read the full summary
Appeal from Harrison District Court. — Hon. O. D. Wheeler, Judge. Action against a treasurer on his bond to recover money in his hands, as treasurer, belonging to the county. Defense that he paid the money upon a warrant issued by the auditor. Held, that the contract on which the warrant was issued was ultra vires; that, before the payment of the money by the treasurer, the contract was rescinded, by resolution' of the board and the treasurer directed not to pay the warrant, and this before the money was paid. Judgment and decree for the plaintiff. —
1Opinion of the CourtGaynor, J.
The defendant Ogden was treasurer of Harrison county from January 1, 1902, to January 1, 1909. He was elected first at the general election in November, 1901, and every two years thereafter was re-elected to the office. His term of office was extended one year by joint resolution No. 1 of the Thirtieth General Assembly. Before entering upon the discharge of his duties at each term, he executed a bond to the county, conditioned as required by law, with certain of the defendants herein named as sureties upon the bond.
On the 30th of December, 1901, the defendant W. T. Roden presented to the…
2Cases cited19 opinions
- People Ex Rel. Smith v. FlaggNew York Court of Appeals · 1858
- Board of Supervisors v. ArrighiMississippi Supreme Court · 1877
- Clinton v. ShugartSupreme Court of Iowa · 1904
- People ex rel. Hurd v. JohnsonIllinois Supreme Court · 1881
- State ex rel. First National Bank v. CookNebraska Supreme Court · 1895
14 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- County of Platte v. New Amsterdam Casualty Co.District Court, D. Nebraska · 1946
- County of Jackson v. J. H. Fayman & Massachusetts Bonding & InsuranceSupreme Court of Missouri · 1931
- City of St. Anthony v. MasonIdaho Supreme Court · 1930
- State Ex Rel. Robertson Inv. Co. v. PattersonWyoming Supreme Court · 1934
- Rural Independent School District of Eagle v. DalySupreme Court of Iowa · 1926
4 more not listed; retrieve them via the Exa API.