Manley v. City of Atchison
Supreme Court of Kansas
Error from Atchison District Court. ■ The City of Atchison, as plaintiff, brought an action against Frank Smith, Louis Manley, Samuel C. King, John A. Martin,. John M. Price, and P. H. Wilbor. Smith and Wilbor were not served, and did not appear.
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Error from Atchison District Court. ■ The City of Atchison, as plaintiff, brought an action against Frank Smith, Louis Manley, Samuel C. King, John A. Martin,. John M. Price, and P. H. Wilbor. Smith and Wilbor were not served, and did not appear. The petition alleged that Smith was treasurer of the city of Atchison from April 30th 1868 to February 1869, when he resigned; that he refused to settle his accounts as svich treasurer, and pay over to his successor the moneys in his hands, etc. The other defendants were sureties in the official bond of Smith, and judgment ■was demanded for the…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, C. J.:
The plaintiffs in error are sued as sureties of Prank Smith in his bond as city treasurer of the city *364of Atchison. The bond is dated April 30th 1868. On the 13th of said April the city council of that city appointed said Smith city treasurer upon his agreement to pay seven per cent, interest on all current funds in his hands, and make no charge for his services, all which appears on the journals of the council of that date. The ordinances of the city of Atchison at that time expressly prohibited the city treasurer from using the public…
2Cited by6 opinions
- State v. United States Fidelity & Guaranty Co.Supreme Court of Kansas · 1910
- Rose v. Douglass TownshipSupreme Court of Kansas · 1893
- Sykes v. BeckNorth Dakota Supreme Court · 1903
- Anderson v. BlairSupreme Court of Georgia · 1904
- Board of Trustees v. BakerAppellate Court of Illinois · 1887
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