Legal Opinion

Board of County Commissioners v. Elmund

Supreme Court of Minnesota

Decided February 10, 1905No. Nos. 13,971—(9)PublishedCited by 2 opinions

Action in the district court for Ramsey county to recover from defendants Frank E. Elmund, former treasurer of said county, and his sureties, $6,052.56 upon his official bond. The case was tried before Jaggard, J., who found in favor of plaintiff for the sum demanded. From an order granting a motion for a new trial unless plaintiff should consent that the amount of the recovery be reduced to $2,108.97 with interest, plaintiff appealed.

1Opinion of the Court

LOVELY, J.2

This is an action against Frank E. Elmund, treasurer, of Ramsey county, and the sureties on his official bond, for payments in cash and by check on fictitious redemption and refunding warrants issued from the office of the county auditor.

The action was tried to the court, who made findings of fact to the effect that the allegations of the complaint were true; that W. B. Bourne, as deputy county auditor, made out a number of orders apparently in conformity to law, in each of which the name of the payee was stated, and were required to be paid and redeemed; that the persons named as…

2Cases cited3 opinions

  1. Board of County Commissioners v. NelsonSupreme Court of Minnesota · 1892
  2. State v. BobleterSupreme Court of Minnesota · 1901
  3. Board of County Commissioners v. ElmundSupreme Court of Minnesota · 1903

3Cited by2 opinions

  1. Sticha v. BenzickSupreme Court of Minnesota · 1923
  2. Mayor of Baltimore v. ThomasBaltimore City Superior Court · 1909

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