Wasson v. Mitchell
Supreme Court of Iowa
Appeal from Polk District Court. Demurrer to petition. The defendants constituted the board of supervisors of Polk county in 1861. The petition alleges that, as such board, the defendants, at their regular meeting in January, 1861, “ carelessly and negligently required, accepted and approved the official bond of one H. H. Helton as constable for the township of Des Moines, in Polk county, given for the year 1861, said bond not being such as was reasonable and necessary for…
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Appeal from Polk District Court. Demurrer to petition. The defendants constituted the board of supervisors of Polk county in 1861. The petition alleges that, as such board, the defendants, at their regular meeting in January, 1861, “ carelessly and negligently required, accepted and approved the official bond of one H. H. Helton as constable for the township of Des Moines, in Polk county, given for the year 1861, said bond not being such as was reasonable and necessary for the faithful discharge by the said Helton of his official duties, nor such as was required by law, for that the said bond…
1Opinion of the CourtDillon, J.
The allegations of the petition are not as precise and clear as they ought to be, when questioned by demurrer. Upon a fair construction, the petition may be taken to allege, in substance, that the names of both sureties on the official bond of Helton, as constable, were forged, and that the defendants approved of it, carelessly and negligently■, that is, the defendants would have known of the forgery, had it not been for their neglect or want of care. And it is also alleged, that one of the persons whose names appeared on the bond as surety was notoriously insolvent, and known to be so by the…
2Cases cited6 opinions
- Yates v. LansingNew York Supreme Court · 1810
- Weaver v. DevendorfNew York Supreme Court · 1846
- Harman v. BrothersonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Tompkins v. SandsNew York Supreme Court · 1832
- Howe v. MasonSupreme Court of Iowa · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Filarsky v. DeliaSupreme Court of the United States · 2012
- Henke v. McCordSupreme Court of Iowa · 1880
- Jones v. BrownSupreme Court of Iowa · 1880
- Justin Hammett v. Paulding County, GeorgiaCourt of Appeals for the Eleventh Circuit · 2017
- Muscatine Western R. R. v. HortonSupreme Court of Iowa · 1873
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