Hot Springs weekly star. (Hot Springs, S.D.) 1892-1917, 1897-10-15
MUST PAY THE ENTIRE BOND
sureties of IF x.Treasurer Taylor Losc
on Their Appeal.

on Their Appeal.
Among the decisions handed down by
the supreme court are two which bear on
points of general interest to the public.
In one of these, in which the decision was
written by Judge Haney, the lower court
is reversed. The title of the cause was
Lawrence County against Meade COun-
ty,' the question in dispute being the divi-
sion OF the Indebtedness between the
counties at the time Meade was organized
out of a portion of Lawrence. The main
question involved is, i'm ease a municipal
organization at the time of its creation
has outstanding Indebtedness to the
amount of debt allowed by the act creating
1t, Whether 1t can create any further in
d%cbtedness, when it is going beyond its
limits by so doing. The our holds, as in
Shannon against Beadle County, .'The
fact that a municipality was indebted to
the full constitutional limit does not pre-
vent the same from levying such taxes as
it is authorized to levy by law, and issuing
its warrants within the limits of such levy
in anticipation of their collection; and SO
long as the warrants issued are within the
amounts lawfully levied, they do not create
an additional debt"
In the other case entitled State of South:
Dakota against W. W. Taylor and Others.
being against the Taylor b0ndsmen, the
lower court is sustained. In this ease the
legal bond demanded was $25O,000, hut IL
voluntary bond of $3.50. 900 was given, and'
when suit was brought by the state to re-
cover the plea was set up that the bonds
men were only liable for the legal amount
of the bond and not for the excess above
the legal requirements which they mighu
have given. Judge Gaffy of the lower court
ordered Judgment for the total amount of
the dcfalcation, $3l4,2777.43, in which he is
sustained in an opinion written by Judge
Corson. In treating the points at issue in
this case the cour says: "Narious de-
lenses are i%ntcrposed to the complaint in,
this action, but there is no defense calling
into exercise the equitable power of tho
court. Counsel for appellants have failed
to point out to the court any we'll defined
theory consistent with the well established
principles of law, upon which this court
could be authorized to hold that theappel-
lants are only liable on this bond for
$3.50 Goa, notwithstanding their own vcirn-
tary agreement to make good the losses TO
the state to the extent of $3.50, 900.
NO fraud, mistake or coercion being
Shown by which they were induced to
enter into the agreement, this court must
presume that the parties intended to as
sumo the liabilities which they by this
contract and bond have in fact and by law
assumed. Our conclusions. therefore, arc
that the bond, though not in conformity
with the statute, was made in pursuance OF
its provisions, and is Il valid and binding
obligation to the extent of the penalty
named therein, and that the circuit court
committed no error in directing Il verdict
for $3ii, 277.43, the full amount Of Taylor's
defalcation, that sum being within tile
penalty of the bond, and that the Judgment
entered thereon should be attirmcd."