County of Divide v. Baird

I cannot concur in the result reached by Judge Johnson in his opinion.

This appeal is taken on the judgment roll. The findings of the trial court are before us and we cannot go beyond them. The trial court found that the First State Bank of Wild Rose was designated as a depositary for Divide county in September, 1923; that thereafter the bank procured and filed a personal bond as such depositary; that on October 18th, 1923, the deposit here involved was made by Divide county; that "as a part of the negotiations leading up to the use of defendant bank as a depositary, the defendant bank agreed…