State v. Welbes
South Dakota Supreme Court
Appeal from circuit court, McCook county. Hon. Joseph W. Jones, Judge. Action by the' state to recover on the official bond, of the • county treasurer of McCook county, S. D., the amount of certain state taxes collected by him and not received by the state treasurer. Defendants appeal from an order overruling a demurrer to the complaint. The facts are stated in the opinion.
1Opinion of the CourtHaney, J.
This is an action on the official bond of a county treasurer to recover the amount of certain state taxes collected by him, and not received by the state treasurer. A demurrer to the complaint was overruled, and defendants appealed.
It is the duty of the attorney general, at the request of the governor, auditor, or treasurer, to prosecute any official bond, or any contract in which the state is interested, upon a breach thereof. Comp. Laws, § 96. The complaint is signed by Coe I. Crawford, as attorney for plaintiff and as attorney general. The state is certainly the real party in interest, and…
2Cases cited1 opinion
- Jerauld County v. WilliamsSouth Dakota Supreme Court · 1895
3Cited by4 opinions
- Northwestern Public Service Co. v. City of AberdeenSouth Dakota Supreme Court · 1976
- Garrett v. State Ex Rel. Attorney GeneralSupreme Court of Oklahoma · 1925
- Van den Bos v. Board of CommissionersSouth Dakota Supreme Court · 1898
- Sands v. CruickshankSouth Dakota Supreme Court · 1899