Clelland v. McCumber
Supreme Court of Colorado
Appeal from Dist/riot CJoxvrt of Fremont County. This is an appeal from a judgment rendered in an action upon the official bond of the county judge of Fremont county.
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Appeal from Dist/riot CJoxvrt of Fremont County. This is an appeal from a judgment rendered in an action upon the official bond of the county judge of Fremont county. The cause was submitted in the court below upon an agreed statement of facts, which may be summarized as follows: Copy of official bond of Robert A. Bain, as county judge, in the sum of $5,000, and in form substantially as required by law, with James Clelland, J. L. Prentiss, S. W. Humphrey and others as sureties. In October, 1880, the Denver & Rio Grande Railway Company commenced proceedings in the county court of Fremont…
1Opinion of the CourtJustice Elliott
On this appeal no objection is urged that the action-was not brought in the name of the proper party. The assignments of error question only the sufficiency of the evidence to support the finding and judgment under the issues; and the particular matter relied on is that the agreed statement of facts fully sustains the defense of the six-year statute of limitations, which was duly pleaded to the action.
When Judge Bain resigned as county judge it was his duty, without demand therefor, to turn over to his successor in office all moneys and effects which had come into his hands in the execution…
2Cases cited4 opinions
- Blackshire v. Atchison, Topeka & Santa Fe Rld.Supreme Court of Kansas · 1874
- People ex rel. Dunn v. Van NessCalifornia Supreme Court · 1888
- White v. Wabash, St. Louis & Pacific R'y Co.Supreme Court of Iowa · 1884
- City of San Francisco v. HeynemannCalifornia Supreme Court · 1886
3Cited by6 opinions
- City of San Antonio v. AstoriaCourt of Appeals of Texas · 1933
- Massachusetts Bonding & Insurance v. Board of County CommissionersSupreme Court of Colorado · 1937
- Clark v. DouglasNebraska Supreme Court · 1899
- Denver & Rio Grande Railroad v. MillsSupreme Court of Colorado · 1915
- Chicago, Burlington & Quincy Railroad v. PhilpottNebraska Supreme Court · 1898
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