County of Mahaska v. Ingalls
Supreme Court of Iowa
Appeal from Mahaska District Court, . This action was brought against the executor of John H. Shoemake, deceased, and the sureties on his official bond as treasurer. It appears that Shoemake was elected County Treasurer at the regular election next preceding the 1st day of November, 1858. By the act of 23d March, 1858, the School Fund Commissioners were required to deliver to the county treasurers all moneys, &e., belonging to their office.
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Appeal from Mahaska District Court, . This action was brought against the executor of John H. Shoemake, deceased, and the sureties on his official bond as treasurer. It appears that Shoemake was elected County Treasurer at the regular election next preceding the 1st day of November, 1858. By the act of 23d March, 1858, the School Fund Commissioners were required to deliver to the county treasurers all moneys, &e., belonging to their office. The County Judge required Shoemake to give “ additional security in the sum of sixty thousand dollars by reason of the aforesaid increased liabilities and…
1Opinion of the Court
Dillon, J. —
I. As to the defendants' appeal:
On the coming in of the report of the referees, the defendants made no motion to set the same aside, nor did they in any manner except thereto or to the rendition of judgment thereon, nor did they move for a new trial.
The only motion which the defendants made with reference to the report of the referee was, “ for judgment on the same in pursuance of the order of the Court' in vacation.” It seems that the cause was tried before the Hon. J. H. Gray, sitting in exchange with the Hon. Wm. Loughridge, and in the record there is a paper signed by Judge…
2Cases cited14 opinions
- Nicholls v. WebbSupreme Court of the United States · 1823
- Parker v. State ex rel. TownIndiana Supreme Court · 1846
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- Bondurant v. Bank of AlabamaSupreme Court of Alabama · 1845
- Townsend v. EverettSupreme Court of Alabama · 1843
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3Cited by44 opinions
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- Scofield v. . ChurchillNew York Court of Appeals · 1878
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- Kittredge v. GrannisNew York Court of Appeals · 1926
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