Legal Opinion

District Township of Taylor v. Morton

Supreme Court of Iowa

Decided December 15, 1873PublishedCited by 23 opinions

Appeal from, Morrison District Court. Tuesday, December, 9. Action upon an official bond executed by defendant Morton, as treasurer of plaintiff, and by tbe other defendant, Hills, as his secretary. The only condition of the bond is in these words : “ If the said Morton, as treasurer, shall faithfully and impartially discharge the duties of said office as required by law then this obligation shall be null and void, otherwise in full force and virtue in law.”

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Appeal from, Morrison District Court. Tuesday, December, 9. Action upon an official bond executed by defendant Morton, as treasurer of plaintiff, and by tbe other defendant, Hills, as his secretary. The only condition of the bond is in these words : “ If the said Morton, as treasurer, shall faithfully and impartially discharge the duties of said office as required by law then this obligation shall be null and void, otherwise in full force and virtue in law.” The breach alleged in the petition is that defendant Morton refused and neglected to pay over a certain sum of money received by him as…

1Opinion of the Court

Beck, Ch. J.

1. OVEICEB. I. Under “ the act to provide a system of common schools,” of December 24, 1859, it is made the duty of the district boards of directors of the district townships to require the treasurers thereof to give bonds “ conditioned for the faithful performance of their duties.” Act 9th Gen. Ass., chap. 172, § 24; Rev., § 2037. The same act m'akes it the duty of the treasurer to hold all moneys belonging to the district and pay out the same upon the order of the president, countersigned by the secretary. He is required to keep proper accounts of all receipts and expenditures,…

2Cases cited7 opinions

  1. United States v. PrescottSupreme Court of the United States · 1845
  2. United States v. ThomasSupreme Court of the United States · 1873
  3. The HarrimanSupreme Court of the United States · 1870
  4. Muzzy v. ShattuckCourt for the Trial of Impeachments and Correction of Errors · 1845
  5. United States v. MorganSupreme Court of the United States · 1851

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3Cited by23 opinions

  1. Wiley v. City of SpartaSupreme Court of Georgia · 1922
  2. Bush v. Johnson CountyNebraska Supreme Court · 1896
  3. State v. NevinNevada Supreme Court · 1885
  4. Town of Cameron v. HicksWest Virginia Supreme Court · 1909
  5. Board of Education v. JewellSupreme Court of Minnesota · 1890

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