State v. Edwards
Supreme Court of South Carolina
Before GagiJ, J., Berkeley, March, 1910. Action by the State against Jno. O. Edwards, S. E. Crawford, W. F. Lanier and Frank Read.
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Before GagiJ, J., Berkeley, March, 1910. Action by the State against Jno. O. Edwards, S. E. Crawford, W. F. Lanier and Frank Read. Defendants appeal. cite: Second, defense should not have been stricken outj State v. Sandifer, 68 S. C. Slate should show default occurred during time for which the defendants are bound: 1 MeC. 41; 2 Hill *589; 14 S. C. 135; 22 Stat. 744. Sureties not estopped by receipt given by treasurer: 69 S. C. 300- 57 S. C. 124; 14 S. C. 7; 37 S. C. 174. cites: The second defense• was properly stricken out: 106 U. S. 437; 30 Grat. 218; 9 Wheat. 720; 11 Id. 184; 12 Id. 505; 1…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
The complaint alleges that John O. Edwards was appointed treasurer of Berkeley county, and, on February 27, 1907, gave bond, as required by law, with the other defendants as sureties, and was thereafter commissioned and assumed the duties of the office; that he was removed from office in January, 1908, and failed to turn over to his successor $5,596.23 of the funds in his hands as treasurer. Judgment was demanded, as for a breach of the bond, for the penalty thereof. The allegations of the complaint were admitted, except those as to…
2Cases cited4 opinions
- Board of Supervisors v. . OtisNew York Court of Appeals · 1875
- Minturn v. United StatesSupreme Court of the United States · 1882
- Richmond & Petersburg R. R. v. KaseySupreme Court of Virginia · 1878
- State v. SandiferSupreme Court of South Carolina · 1904
3Cited by2 opinions
- State v. BowenSupreme Court of South Carolina · 1919
- West Bergen Trust Co. v. United States Fidelity & Guaranty Co.New Jersey Court of Chancery · 1940