Custer County v. Tunley
South Dakota Supreme Court
Appeal from circuit court, Custer county. Hon. Levi McGee, Judge. Action by Custer county against Benjamin M. Tunley and others to recover upon an official bond. From a judgment in favor of plaintiff for part only of the relief demanded, both parties appeal.
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Appeal from circuit court, Custer county. Hon. Levi McGee, Judge. Action by Custer county against Benjamin M. Tunley and others to recover upon an official bond. From a judgment in favor of plaintiff for part only of the relief demanded, both parties appeal. Where a county treasurer has served two terms and upon retiring from office it is discovered that he lias misappropriated moneys, it will be presumed in the absence of evidence to the contrary that the misappropriation took place at the end of the last term, and the sureties on his official' bond for that term will be held liable…
1Opinion of the CourtCorson, J.
This is an action against Benjamin M. Tunley, formerly treasurer of Custer county, S. D., and the sureties upon his official bond. The judgment was in favor of the plaintiff for the sum of $659.71, and from this judgment both parlies appeal,
In 1890 the defendant Tunley was elected county treasurer of the plaintiff county, and was re-elected in 1892, holding the office from January. 1891, to January, 1895. The sureties who are defendants in this action were sureties upon his official bond for the second term, commencing January 3, 1893. At the time the sureties executed the bond in question,…
2Cases cited6 opinions
- City of Chicago v. GageIllinois Supreme Court · 1880
- Morley v. Town of MetamoraIllinois Supreme Court · 1875
- Roper v. Trustees of Sangamon Lodge No. 6Illinois Supreme Court · 1878
- Hackett v. . StanleyNew York Court of Appeals · 1889
- Longan v. TaylorIllinois Supreme Court · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Morton County v. TavisNorth Dakota Supreme Court · 1954
- Calhoun County v. McCrarySupreme Court of Iowa · 1913