State Ex Rel. Urton v. American Bank & Trust Co.

During all the time involved in this controversy, our depositary law required every county treasurer to deposit public funds in his possession or under his control in banks in the county designated by the board of county commissioners. It provided that the deposits should draw interest and should be secured by such surety bonds, personal bonds, or public securities, warrants, etc., as the board of county commissioners might prescribe, approve and deem sufficient for the purpose intended. (See. 4767, Rev. Codes 1921, as amended by Chap. 89, Laws of 1923.)

Early in 1923, the American Bank &…