Palmer v. Woods
Supreme Court of Iowa
Appeal from Ida District Court. — Hon. J. H. Macomber, Judge. Action on an official bond. Defendant Woods was elected clerk of the district court for the term commencing the first Monday of January, 1887. The other defendants are the sureties on the bond, and they alone defend in the action.
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Appeal from Ida District Court. — Hon. J. H. Macomber, Judge. Action on an official bond. Defendant Woods was elected clerk of the district court for the term commencing the first Monday of January, 1887. The other defendants are the sureties on the bond, and they alone defend in the action. One of the conditions of- the bond is that the principal would pay over to the officer or person entitled to receive the same all moneys which should come into Ms hands by virtue of his office. The breach alleged is the failure to pay over certain money which was paid to him in redemption of real estate,…
1Opinion of the CourtReed, J.
— It was the duty of the board of supervisors to require Woods to produce and account for all public funds which had come into his hands under color of his office before approving his bond for the second term. Code, sec. 690. But neither the failure to perform that duty, nor the false representation that it had been performed, will release the sureties from liability for a defalcation occurring subsequent to the approval of the bond. Their undertaking was for the faithful performance by the clerk of the duties of the office during the term upon which he was about to enter. They assumed no…
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- Dallas County v. Perry National BankSupreme Court of Iowa · 1927
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