Van Trees v. Territory of Oklahoma
Supreme Court of Oklahoma
Error from the District Court of Cusler County; before John C. Tarsney, District Judge. STATEMENT OF FACTS. This was an action brought by the Territory of Oklahoma, for the use and benefit of Ouster county, in said Territory, against H. E. Van Trees, principal, and others as sureties-, upon an official bond. Judgment for plaintiff. Defendants bring error.
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Error from the District Court of Cusler County; before John C. Tarsney, District Judge. STATEMENT OF FACTS. This was an action brought by the Territory of Oklahoma, for the use and benefit of Ouster county, in said Territory, against H. E. Van Trees, principal, and others as sureties-, upon an official bond. Judgment for plaintiff. Defendants bring error. The material allegations in the petition are as follows: “That the defendant H. E. Van Trees was the duly elected, qualified, and acting county treasurer of said county during the period herein named; that by virtue of his said office, and…
1Opinion of the Court
Opinion of the court by
Hainer, J.:
The principal question to be decided in this case is whether a county treasurer, under our statute relating to that officer, and the bond executed by him ond his sureties, is liable for public funds in his possession which have been lost by reason of the failure of a bank in which he had deposited a portion of the funds for saffe-keeping, without any fault or negligence on the part of such treasurer. This proposition is. raised by the facts pleaded in that portion of paragraph 3 of the answer of the defendants to which the court sustained a motion to strike…
2Cases cited28 opinions
- Edwards v. ElliottSupreme Court of the United States · 1874
- United States v. PrescottSupreme Court of the United States · 1845
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- United States v. MorganSupreme Court of the United States · 1851
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3Cited by17 opinions
- Wiley v. City of SpartaSupreme Court of Georgia · 1922
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- North v. ByrnesSupreme Court of Oklahoma · 1938
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