Legal Opinion

State Ex Rel. Adair County Com'rs v. McCloud

Supreme Court of Oklahoma

Decided December 12, 1916No. 8093Published

Error from District Court, Adair County; John H. Pitchford, Judge. Action by the State, on the relation of the County Commissioners of Adair County, against R. R. McCloud and another. There was a judgment for c.efendants, and plaintiff brings error.

1Opinion

On Rehearing.

RAINEY, J.

The opinion of the court in this case was written .by Commissioner BUR-EORD, and was filed December 12, 1916. The syllabus reads:

“The bondsmen of a county treasurer, who, in good faith and without 'notice of any lack of responsibility in the bank, or defect in the bond, deposits his official funds in a duly designated county depository, which has given a bond legally approved and accepted, and which is, by its terms, in force during the period of such deposit, are not liable for loss of funds occasioned by the failure of the depository, and a subsequent adjudication…

2Cases cited5 opinions

  1. Van Trees v. Territory of OklahomaSupreme Court of Oklahoma · 1898
  2. Hinton v. State Ex Rel. Neal, County AttorneySupreme Court of Oklahoma · 1916
  3. Stephens v. City of LudlowCourt of Appeals of Kentucky · 1914
  4. Magee v. BristerMississippi Supreme Court · 1915
  5. Hamilton County v. Aurora National BankNebraska Supreme Court · 1911

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