Clay County v. Simonsen
Supreme Court Of The Territory Of Dakota
Appeal from Union County District Court. This is an action brought on the official bond of defendant Simonsen, the conditions of which are as follows: “ Whereas the above bounden, R. J. Simonsen, has been duly elected to the office of probate judge of the county of Clay, in the Territory of Dakota aforesaid, at the regular annual election in and for said county, on the second Tuesday of October, A. D. 1874. Now, therefore, if the said R. J. Simonsen shall well and faithfully…
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Appeal from Union County District Court. This is an action brought on the official bond of defendant Simonsen, the conditions of which are as follows: “ Whereas the above bounden, R. J. Simonsen, has been duly elected to the office of probate judge of the county of Clay, in the Territory of Dakota aforesaid, at the regular annual election in and for said county, on the second Tuesday of October, A. D. 1874. Now, therefore, if the said R. J. Simonsen shall well and faithfully and impartially perform the duties and execute the office of probate judge of the said county of Clay, during his term…
1Opinion of the CourtBeNkett, J.
The parties in their pleadings do not differ materially in their statement of the facts in this case, and they have presented them in such a way as to have the question of defendants’ liability determined on demurrer.
It is not my purpose to notice all the points made in the briefs of counsel, or in the order in which they are furnished, but only such as I deem essential to the determination of the *424case. And I shall first notice the objections to the paper purporting to be the official bond of Simonsen, and on which suit is brought. It is insisted that it is not a voluntary bond, hot such as…
2Cases cited11 opinions
- Harmony v. . BinghamNew York Court of Appeals · 1854
- United States v. PrescottSupreme Court of the United States · 1845
- Tompkins v. . DudleyNew York Court of Appeals · 1862
- School District No. 1 v. DauchySupreme Court of Connecticut · 1857
- Muzzy v. ShattuckCourt for the Trial of Impeachments and Correction of Errors · 1845
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3Cited by7 opinions
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- Pierre Water-Works Co. v. Hughes CountySupreme Court Of The Territory Of Dakota · 1888
- Town of Cameron v. HicksWest Virginia Supreme Court · 1909
- Stutsman County v. MansfieldSupreme Court Of The Territory Of Dakota · 1888
- Resolution Trust Corp. v. GosbeeNorth Dakota Supreme Court · 1995
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