Gartley v. People ex rel. Pueblo County
Supreme Court of Colorado
Appeal from the District Court of Pueblo County, This action was brought by appellee, as plaintiff, upon the official bond given by the appellant Gartley, as county treasurer of Pueblo county, and his co-appellants as sureties thereon, as defendants, to recover moneys collected by the principal in his official capacity, which, it is claimed, he failed to turn over to his successor.
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Appeal from the District Court of Pueblo County, This action was brought by appellee, as plaintiff, upon the official bond given by the appellant Gartley, as county treasurer of Pueblo county, and his co-appellants as sureties thereon, as defendants, to recover moneys collected by the principal in his official capacity, which, it is claimed, he failed to turn over to his successor. Two defenses were interposed: (1) That the treasurer had not received of the money sought to be recovered a sum in excess of a specific amount, and that he had paid to his successor all moneys so received. (2) That…
1Opinion of the CourtJustice G-arbert
1. It is unnecessary to determine whether or not the liability of the treasurer for public funds received by him was presented for adjudication when the case was here before, or whether the disposition of that question was required for the decision announced. The rule of law measuring the liability of the treasurer for such funds as then declared is correct. It was then held that the receiver of public funds should be held to strict accountability for their safety; that the deposit by him of such funds in a solvent banking institution .in good repute, and which subsequently failed, whereby…
2Cases cited2 opinions
- McClure v. Board of County CommissionersSupreme Court of Colorado · 1893
- Wilson v. PeopleSupreme Court of Colorado · 1893
3Cited by10 opinions
- Wiley v. City of SpartaSupreme Court of Georgia · 1922
- Patterson v. People Ex Rel. Board of County CommissionersSupreme Court of Colorado · 1935
- People Ex Rel. v. KoenigSupreme Court of Colorado · 1936
- City of Casper v. JoyceWyoming Supreme Court · 1939
- American Surety Co. of New York v. Independent School Dist. No. 18 of Lake ParkCourt of Appeals for the Eighth Circuit · 1931
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