Bush v. Johnson County
Nebraska Supreme Court
Error from the district court of Johnson county. Tried below before Bush, J. The opinion contains a statement of the case. The sureties are released because the evidence fails to bring their liability within the conditions of the bond.
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Error from the district court of Johnson county. Tried below before Bush, J. The opinion contains a statement of the case. The sureties are released because the evidence fails to bring their liability within the conditions of the bond. (2 Parsons, Contracts [5th ed.], 5; 1 Brandt, Suretyship & Guaranty, sec. 79; Lang v. Pike, 27 O. St., 498; Reese v. United States, 9 Wall. [U. S.], 13; Dumont v. United States, 8 Otto [U. S.], 142.) The county board settled with the county treasurer and passed and approved all his accounts. This settlement was final and the county should not recover. (1…
1Opinion of the CourtHarrison, J.
David R. Bush was elected treasurer of Johnson county at an election held during the fall of 1889, and took possession of and commenced the performance of the duties of the office in January, 1890. He was re-elected *4in tbe fall of 1891, and in January, 1892, closed bis first and began bis second term as treasurer. Tbe other plaintiffs in error were bis bondsmen for tbe first term. Bush’s immediate predecessor in tbe office of county treasurer, when be turned over tbe office and funds in January, 1891, delivered to Busb some forty or fifty dollars in actual cash, or money in tbe strictest…
2Cases cited14 opinions
- State v. HillNebraska Supreme Court · 1896
- Halbert v. State ex rel. Board of CommissionersIndiana Supreme Court · 1864
- State ex rel. Mississippi County v. MooreSupreme Court of Missouri · 1881
- State ex rel. the Township v. PowellSupreme Court of Missouri · 1878
- Thompson v. Board of TrusteesIllinois Supreme Court · 1863
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3Cited by33 opinions
- Wiley v. City of SpartaSupreme Court of Georgia · 1922
- In re State Treasurer's SettlementNebraska Supreme Court · 1897
- Mitchell v. County of ClayNebraska Supreme Court · 1903
- Van Trees v. Territory of OklahomaSupreme Court of Oklahoma · 1898
- Whitney v. StateNebraska Supreme Court · 1898
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