Mendocino County v. Morris
California Supreme Court
Appeal from the District Court, Seventh Judicial District, Mendocino County. The bond sued on was joint and several. The plaintiff averred in the complaint that John W. Morris was Treasurer of Mendocino County from the 7th day of March, 1864, until the 5th day of March, 1866, and that he received as Treasurer, for the use and benefit of the county, in gold coin, fifteen thousand dollars, which was the property of the county, which sum he had unlawfully in his possession, and…
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Appeal from the District Court, Seventh Judicial District, Mendocino County. The bond sued on was joint and several. The plaintiff averred in the complaint that John W. Morris was Treasurer of Mendocino County from the 7th day of March, 1864, until the 5th day of March, 1866, and that he received as Treasurer, for the use and benefit of the county, in gold coin, fifteen thousand dollars, which was the property of the county, which sum he had unlawfully in his possession, and that he had refused to deliver it to his successor in office, although he had often been requested to do so. Plaintiff…
1Opinion of the Court
By the Court, Sawyer, J.:
This action is against the principal and his sureties on the official bond of the County Treasurer of Mendocino County. The appeal is from the judgment, and there being no statement or bill of exceptions, the only questions presented arise on the judgment roll. There was no error in overruling the demurrer to the complaint. A copy of the bond purports to be annexed to the complaint as Schedule A. Said copy does not contain the signature of Morris, the principal. It is claimed that there is no cause of action shown against Morris for the want of his signature, and…
2Cases cited2 opinions
- People v. EdwardsCalifornia Supreme Court · 1858
- People v. EvansCalifornia Supreme Court · 1866
3Cited by21 opinions
- Blasingame v. Home Ins. Co. of City of N.Y.California Supreme Court · 1888
- Holt County v. ScottNebraska Supreme Court · 1897
- San Francisco Sulphur Co. v. Aetna Indemnity Co.California Court of Appeal · 1909
- Commissioners of Jefferson County v. LinebergerMontana Supreme Court · 1878
- Webb v. JonesCalifornia Court of Appeal · 1927
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