Legal Opinion

McClure v. Board of County Commissioners

Supreme Court of Colorado

Decided September 15, 1893PublishedCited by 34 opinions

Appeal from, the District Court of La Plata County. Action to declare and enforcq a trust. On the 5th day of January, A. D. 1892, the Board of County Commissioners of La Plata county instituted this action against T. J. McClure, D. L. Sheets and John P. Cos-ton, administrators of the estate of John Reid, deceased, to subject the assets that came into their hands as such administrators to the payment of a balance due to the county from their intestate, as county treasurer.

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Appeal from, the District Court of La Plata County. Action to declare and enforcq a trust. On the 5th day of January, A. D. 1892, the Board of County Commissioners of La Plata county instituted this action against T. J. McClure, D. L. Sheets and John P. Cos-ton, administrators of the estate of John Reid, deceased, to subject the assets that came into their hands as such administrators to the payment of a balance due to the county from their intestate, as county treasurer. The facts upon which appellee predicates its right to this relief are in substance as follows: On the 2d day of July, A.…

1Opinion of the CourtJustice Goddard

The preliminary question to be met at the threshold of our investigation is as to the relationship that a county treasurer holds to the money that comes into his hands bj' virtue of his office. It is contended by appellee that the relation is that of bailee of the funds, and by appellants that the relation of debtor and creditor exists between him and the county. Without determining where the weight of authority lies on this question, as there is much conflict between the adjudged cases, we think that under the provisions of our statute relating to a county treasurer, the money collected and…

2Cases cited8 opinions

  1. Cook v. TullisSupreme Court of the United States · 1874
  2. McLeod v. EvansWisconsin Supreme Court · 1886
  3. First Nat. Bank v. HummelSupreme Court of Colorado · 1890
  4. Phillips v. OverfieldSupreme Court of Missouri · 1890
  5. Pierce v. HolzerMichigan Supreme Court · 1887

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3Cited by34 opinions

  1. State v. FosterWyoming Supreme Court · 1895
  2. Page County v. RoseSupreme Court of Iowa · 1906
  3. Fairchild v. HedgesWashington Supreme Court · 1896
  4. Van Trees v. Territory of OklahomaSupreme Court of Oklahoma · 1898
  5. Holbrook Irrigation District v. First State BankSupreme Court of Colorado · 1928

29 more not listed; retrieve them via the Exa API.

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