Legal Opinion

Purdy v. City of Independence

Supreme Court of Iowa

Decided October 5, 1888PublishedCited by 13 opinions

Appeal from Buchanan District' Court. — Hon. J. J. Ney, Judge. Plaintiff was treasurer of the defendant city from March, 1886, to March, 1887. He brought this action to recover the compensation allowed by the ordinances of the city for collecting and disbursing certain moneys belonging to the city, which came into his hands during his term of office. The district court, at the close of the evidence, directed a verdict for plaintiff, and entered judgment thereon.

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Appeal from Buchanan District' Court. — Hon. J. J. Ney, Judge. Plaintiff was treasurer of the defendant city from March, 1886, to March, 1887. He brought this action to recover the compensation allowed by the ordinances of the city for collecting and disbursing certain moneys belonging to the city, which came into his hands during his term of office. The district court, at the close of the evidence, directed a verdict for plaintiff, and entered judgment thereon. Defendant appeals.

1Opinion of the CourtReed, J.

— When plaintiff was elected to the office of city treasurer, the following ordinances were in force:

“Chapter IX. * * * Sec. 16. That the treasurer shall, before entering upon the duties of his office, execute a bond to the city in the sum of five thousand dollars. He shall collect, receive and safely keep, all moneys due or belonging to the said city, and for any sum of money so received shall execute duplicate receipts, one of which shall be delivered to the person from whom such sum shall be received, and the other returned to the city clerk. * * *”
“ Sec. 18. The treasurer shall be ex…

2Cited by13 opinions

  1. Hamilton v. EdmundsonSupreme Court of Alabama · 1937
  2. Board of Com'rs Okfuskee County v. HazelwoodSupreme Court of Oklahoma · 1920
  3. Gallaher v. City of LincolnNebraska Supreme Court · 1901
  4. Bodenhofer v. HoganSupreme Court of Iowa · 1909
  5. Ryce v. City of OsageSupreme Court of Iowa · 1893

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