State v. Schamber
South Dakota Supreme Court
Appeal from Circuit Court, Beadle County. Hon. Alva E. Taylor, Judge. Action by the state, against John Schamber, and others his ■bondsmen, as state treasurer, to recover .interest on public funds deposited by Schamber in banks. From an order sustaining a demurrer to the complaint, the state appeals. (2) To point two of the opinion, Appellant cited: Const.,Art. 4, Secs. 12, 13; Art. 21, Sec. 2; Art. 12, Sec. 3; Art. ix, Sec. 11; Pol.
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Appeal from Circuit Court, Beadle County. Hon. Alva E. Taylor, Judge. Action by the state, against John Schamber, and others his ■bondsmen, as state treasurer, to recover .interest on public funds deposited by Schamber in banks. From an order sustaining a demurrer to the complaint, the state appeals. (2) To point two of the opinion, Appellant cited: Const.,Art. 4, Secs. 12, 13; Art. 21, Sec. 2; Art. 12, Sec. 3; Art. ix, Sec. 11; Pol. Code, Sec. 95, 97, 1788, 333, 334, et seq. and 346; Sec. 2241; Raws 1897, Ch. 106, 104; and submitted that. If Schamber received the interest in question as…
1Opinion of the CourtWhitin'G, J.
Defendant, John S-chamber, was treasurer of this state for a term of t-wo years commencing January 12, 1899. As such treasurer he entered into the official bond required by statute, .upon which bond the other defendánts were sureties. He deposited -in various banks, from time to time, the funds in .his hands .as such treasurer, and it is alleged that he received interest upon such deposits. This action was brought to- recover' such interest. To the complaint -defendants demurred. The demurrer was sustained, and the state appealed.
[t] While the only question before us is whether the facts…
2Cases cited10 opinions
- United States v. PrescottSupreme Court of the United States · 1845
- United States v. ThomasSupreme Court of the United States · 1873
- State v. McFetridgeWisconsin Supreme Court · 1893
- Tillinghast v. . MerrillNew York Court of Appeals · 1896
- United States v. MosbySupreme Court of the United States · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. DouglasSouth Dakota Supreme Court · 1944
- Edgerton Independent Consolidated School District No. 2 v. VolzSouth Dakota Supreme Court · 1926
- Perkins County v. NelsonSouth Dakota Supreme Court · 1928
- Kelley v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1928
- Kiernan v. ClelandIdaho Supreme Court · 1929
1 more not listed; retrieve them via the Exa API.