County of Wapello v. Bigham
Supreme Court of Iowa
Appeal from Wapello District Court. ON the first Monday of August, A. D. 1851, James Pom-roy was elected to the office of Recorder and Treasurer of Wapello county, and qualified as Treasurer on the 13th August, with the defendants C. C. Warden, John Pomroy, A. Mudge, H. P. Graves, E. Washburn, J. W. Caldwell, M. C. Hill and D. Gephart as sureties.
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Appeal from Wapello District Court. ON the first Monday of August, A. D. 1851, James Pom-roy was elected to the office of Recorder and Treasurer of Wapello county, and qualified as Treasurer on the 13th August, with the defendants C. C. Warden, John Pomroy, A. Mudge, H. P. Graves, E. Washburn, J. W. Caldwell, M. C. Hill and D. Gephart as sureties. At the August election, A. D. 1853, Pomroy Ayas re-elected to the same office, but did not qualify under his second election and yet continued to occupy the office and to discharge the duties pertaining to it until August 1855, when one Knox was…
1Opinion of the CourtWoodward, J.
It is not necessary to make a detailed statement of the pleadings. The questions arose upon a demurrer to the petition, which is full and minute in its statements.
The leading question was whether the sureties are liable for moneys received by their principal after the expiration of his first term of two years. The plaintiff contends that as Pomroy was re-elected and did| not qualify anew for the second term, he held over by virtue of the words, “and until his successor is elected and qualified,” and that thus his term of office in fact continued until his successor was elected in August 1855,…
2Cases cited4 opinions
- United States v. BoydSupreme Court of the United States · 1841
- United States v. NichollSupreme Court of the United States · 1827
- Walsh v. BailieNew York Supreme Court · 1813
- Bigelow v. BridgeMassachusetts Supreme Judicial Court · 1811
3Cited by16 opinions
- Empire State Surety Co. v. Carroll CountyCourt of Appeals for the Eighth Circuit · 1912
- Westervelt v. MohrenstecherCourt of Appeals for the Eighth Circuit · 1896
- County of King v. FerryWashington Supreme Court · 1893
- Baker City v. MurphyOregon Supreme Court · 1895
- County of Scott v. RingSupreme Court of Minnesota · 1882
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