City of Butte v. Cohen
Montana Supreme Court
Appeal from Second Judicial District, Silver Bow County, The cause was tried before McIIattON, J. The court erred in overruling the defendants’ demurrer to the complaint, for the reason that the bond upon which this action is based is certainly a separate and not a joint bond. That the parties did not enter into a joint obligation at all.
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Appeal from Second Judicial District, Silver Bow County, The cause was tried before McIIattON, J. The court erred in overruling the defendants’ demurrer to the complaint, for the reason that the bond upon which this action is based is certainly a separate and not a joint bond. That the parties did not enter into a joint obligation at all. If the defendants cannot take advantage of this defect upon demurrer, we claim that it was still error to render a joint judgment upon the complaint based upon this bond. (Moss v. Wilson, 40 Cal. 159.) The evidence in this case does not sustain the findings…
1Opinion of the CourtHarwood, J.
The appellants in this action were sureties with others on the official bond of one Edwin G. Leiter, treasurer of the city of Butte. The said bond is in words and figures as follows: —
“Know all men by these presents, that we, Edwin G. Leiter, as principal, and D. H. Cohen, Paul Davis, Charles Schlessinger, Samuel Lewis, and James B. Boyce, Jr., as sureties, are held and firmly bound unto the city of Butte in the following penal sums, to wit, the said principal in the penal sum of five thousand dollars ($5,000), and the said sureties in the following *439penal sum of five hundred dollars,($500),…
2Cases cited4 opinions
- People v. EdwardsCalifornia Supreme Court · 1858
- Coleman v. CommonwealthSupreme Court of Virginia · 1874
- City of Los Angeles v. MellusCalifornia Supreme Court · 1881
- Moss v. WilsonCalifornia Supreme Court · 1870
3Cited by2 opinions
- Evans v. City of American FallsIdaho Supreme Court · 1932
- Cole Manufacturing Co. v. MortonMontana Supreme Court · 1900