Legal Opinion

People v. Treadway

Michigan Supreme Court

Decided January 11, 1869PublishedCited by 13 opinions

Error to Oakland Circuit. This was an action of covenant brought on a bond, given by defendant Treadway, ■ with sureties, as County Clerk of Oakland County. The bond on which suit was brought, was dated December 16, 1852, conditioned that “if the said Alfred Treadway shall faithfully, truly and impartially perform all the duties of his said office, and shall pay over all moneys that may come into his hands as such clerk, etc.”

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Error to Oakland Circuit. This was an action of covenant brought on a bond, given by defendant Treadway, ■ with sureties, as County Clerk of Oakland County. The bond on which suit was brought, was dated December 16, 1852, conditioned that “if the said Alfred Treadway shall faithfully, truly and impartially perform all the duties of his said office, and shall pay over all moneys that may come into his hands as such clerk, etc.” The pleadings and record show that Treadway entered upon the duties of his office in January, 1853, and held the same until December 31, 1855, and while he held the…

1Opinion of the Court

Campbell J.

Defendants below were sued upon the official bond of Treadway, as County Clerk, and recovery was sought for three different classes of charges for money received by him and alleged not to have been accounted for. These consisted of entry fees and jury fees, and a sum of $100 drawn by him, without authority, as extra salary.

The court held as to the entry and jury fees, that he was answerable for them whether the money was received by him or not, and that the law presumed in every case entered in the docket that the money for entry or jury fees had been received by him, and also…

2Cited by13 opinions

  1. Stevenson v. Bay CityMichigan Supreme Court · 1872
  2. County of Silver Bow v. DaviesMontana Supreme Court · 1910
  3. Adams v. WilliamsMississippi Supreme Court · 1910
  4. People ex rel. Lapeer County Bank v. O'ConnellMichigan Supreme Court · 1921
  5. Campbell v. PeopleIllinois Supreme Court · 1895

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