Legal Opinion

District Township of Fox v. McCord

Supreme Court of Iowa

Decided September 22, 1880PublishedCited by 7 opinions

Appeal from Black Hawk District Court. Action upon a district township treasurer’s bond. The defendant IT. J. McCord was the duly elected and qualified treasurer of the plaintiff district township, for the year commencing September 19, 1877. The other defendants were sureties upon his official bond. The petition avers that as such treasurer he received large sums of money, and wrongfully appropriated the same to his own use. The answer contains a general denial.

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Appeal from Black Hawk District Court. Action upon a district township treasurer’s bond. The defendant IT. J. McCord was the duly elected and qualified treasurer of the plaintiff district township, for the year commencing September 19, 1877. The other defendants were sureties upon his official bond. The petition avers that as such treasurer he received large sums of money, and wrongfully appropriated the same to his own use. The answer contains a general denial. There was a trial by jury, and verdict and judgment were rendered for the defendants. The plaintiff appeals.

1Opinion of the Court

Adams, Ch. <T.

i. public oincer: custody of public of sureties. The defendant McCord was district township treasurer during the preceding year. No settlement was had at the close of the year, but a settlement was ... . rr,, . . . „ . had m April of that year. The plaintiff mtroduced a witness for the purpose of showing the amount of money which the treasurer had then on hand. The defendants objected, and the court sustained the objection, to which the plaintiff excepted.

*347The plaintiff proposed to show the amount of money on hand in April, and follow that by showing the receipts and…

2Cases cited3 opinions

  1. Kagay v. Trustees of SchoolsIllinois Supreme Court · 1873
  2. Ind. School Dist. v. McDonaldSupreme Court of Iowa · 1874
  3. Thompson v. DickersonSupreme Court of Iowa · 1867

3Cited by7 opinions

  1. Burns v. City of NashvilleTennessee Supreme Court · 1919
  2. Independent School District v. HubbardSupreme Court of Iowa · 1899
  3. Thurston County ex rel. Vesely v. ChmelkaNebraska Supreme Court · 1940
  4. District Township v. MorrisSupreme Court of Iowa · 1894
  5. Lake County v. NeilonOregon Supreme Court · 1903

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