District Township of Grove v. Bowman
Supreme Court of Iowa
Appeal from Pottawattamie District Oov/rt. The petition of plaintiff alleges in substance that for the fiscal year 1878-9, and the two prior years, one Philip Roush was the duly elected and qualified treasurer of the plaintiff; that during said period the defendant, as treasurer of, Pottawattamie county, without any order or warrant drawn upon him by the auditor of said county, signed by the president and countersigned by the secretary of plaintiff, and without any warrant…
Read the full summary
Appeal from Pottawattamie District Oov/rt. The petition of plaintiff alleges in substance that for the fiscal year 1878-9, and the two prior years, one Philip Roush was the duly elected and qualified treasurer of the plaintiff; that during said period the defendant, as treasurer of, Pottawattamie county, without any order or warrant drawn upon him by the auditor of said county, signed by the president and countersigned by the secretary of plaintiff, and without any warrant drawn by the president and countersigned by the secretary of plaintiff, voluntarily paid over to said Roush the sum of…
1Opinion of the CourtDav, J.
1. COUNTY treasurer: irregular payfunds0-1 liaiSiity for. — None of the evidence upon which the cause was tried is contained in the - abstract. The court instructed the -jury as follows: “The following J J ° facfs are either conceded or clearly established by the evidence:
“1st. That Philip Eoush, at the time each one of the j>ayments was made to him, was the treasurer of plaintiff.
“2d. That all the payments were made out of funds which plaintiff was entitled to have paid to its treasurer; and
“ 3d. That the irregularity of defendant in making the payments was in paying over the money to Eoush…
2Cited by1 opinion
- Rural Independent School District of Eagle v. DalySupreme Court of Iowa · 1926