Gallatin County v. United States Fidelity & Guaranty Co.
Montana Supreme Court
Appeal from District Court, Gallatin County; Geo. W. Pier-son, a Judge of the Thirteenth Judicial District, presiding. Aotion by Gallatin County against the United States Fidelity & Guaranty Company. From a judgment for plaintiff, defendant appeals.
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Appeal from District Court, Gallatin County; Geo. W. Pier-son, a Judge of the Thirteenth Judicial District, presiding. Aotion by Gallatin County against the United States Fidelity & Guaranty Company. From a judgment for plaintiff, defendant appeals. In practically every state where the question has been raised the courts have held that' an action on an official bond to recover public funds received by an officer and appropriated by him under statutes similar to ours is “an action upon a liability created by statute other than a penalty or forfeiture,’’‘-'and is barred when not commenced…
1Opinion of the CourtChief Justice Brantly
Jacob B. Weaver was county treasurer of Gallatin county for the term of two years beginning on the first Monday in March, 1907, and ending on the same day in March, 1909. The defendant was surety on his official bond. Subsequent investigations of the accounts of the office disclosed that there was a shortage in the cash paid over by Weaver to his successor of $2,000. This discovery was made a short time previous to the bringing of this action on February 21, 1913'. The purpose of the action is to recover the amount of the shortage, with interest. The defendant in its answer pleaded as…
2Cases cited15 opinions
- McClaine v. RankinSupreme Court of the United States · 1905
- Walton v. United StatesSupreme Court of the United States · 1824
- Spokane County v. PrescottWashington Supreme Court · 1898
- Ryus v. GrubleSupreme Court of Kansas · 1884
- County of Sonoma v. HallCalifornia Supreme Court · 1901
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3Cited by12 opinions
- Hatcher v. State of TexasTexas Supreme Court · 1935
- School District No. 12 v. Pondera CountyMontana Supreme Court · 1931
- Griffith v. State of ArizonaArizona Supreme Court · 1933
- Wonnacott v. County of KootenaiIdaho Supreme Court · 1919
- State v. HatcherCourt of Appeals of Texas · 1932
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