Blackfoot news. (Blackfoot, Idaho) 1891-1902, 1898-12-17
BINGHAM co. US. WOODIH.
supreme Court Reverses the Opin.
10" offhe District Court in the
Above-EntifIed 1cfiou

idaho.
County OF Bingham. Respondent.
VS..
w. A. Woodin, ct al, Appellants
SYLLABUS.
]. Where the complaint fails TO set
forth material fact essential 10 the
establishment OF plaintiffs right to re-
cover, the complaint is based on general
demurrer.
z. Crowley, as assessor and tax col.
lector for the county, paid into the
bank OF Bunting g. Co, sum OF money
collected by him as such official, and
subsequently gave TO Wright, the out
going treasurer OF said county, check
Tor k3O,bJS.Ut, and the cashier OF said
bank, without the knowledge or con-
sent OF the incoming treasurer, passed
portion OF said amount TO the credit
vi the incoming treasurer, held that
this did not constitute a ideposit on
general Deposit by such incoming
treasurer.
.. In an action on treasnrer's bond
the plaintiff WAS permitted. over the OBJ
lection OF defendants, 10 introduce the
ledger OF banking company and to
| read la evidence certain entries there
from, there being no proofs as 10 who
made the entries or when they were
made. or that the treasurer had any
knowledge OF. or ever consented to such
entries. Held error.
| IL. +. Mcfarland and T. NJ. Stewart.
attorneys for respondent; Alfred A.
Fraser and Chalmers q Ryan, atsor-
neys for appellants.
This IL an action upon the bond OF
w. A. Woodin, the principal defendant,
and the other defendants, as bis sur
ties, upon the bond OF said Woodin as
treasurer of Bingham county. Judg-
ment MAS rendered by the disiric, court
agsins, all OF the defendants. Motion
for new trial WAS made and overruled.
and from the Judgment and the order
oyerrnling motion for new trial thIs
appeal Is taken.
tn. amended complain, sets forth
the Official character OF principal defend
ant, his election and qualification d,
such officer, the execution OF the bond
AYERS tina, said principal defendant nov
Is the duly elected aud qualified treas
nrcr OF the said county OF Bingham.
The complain, then proceeds to SCI
! forth the firrt cause OF action as follows
THAT on or about the 18th day OF Jan
uary, 1877, Squire G.. Crowley had col
; lected a. tax collector of the county o
Bingham and had. and sought TO pay Il
the treasurer Of said county OF Bingham
several sums OF money aggreeatiu.
. more than t.s.7is0a of money belong
. Ing to said county OF bingham"
Tina, the said defendant William 4
, Weodln did not, on said day. receiv,
and has not since. or at all, received tn
said moneys. and did not demand tn
same 10 money as in law he should hav
: done, bat In lieu thereof and as paymen
6 Of said moneys he did receive aud &C
eep, from said Crowley checks an
: credits on and In the bank OF G. Butt
j ing & Co, bankers. corporation the
. doing business In the county OF Bling
Q ham aforesaid, which said corporation
then was, ever since has been and nos
/. 1. insolyent and unable 10 pay It's lila
/, bsiitics as they matured."
. THAT the aforesaid checks an
!. credits we're worthless and did not en'
3 Bile the said defendant Woodin TO RI
!, ccivc the said moneys or any part ther'
:. OF. and the said moneys were lost to tn
q plaintiff by the negligence OF sal
4 WooiIu. treasurer, as aforesaid, In nc
+. receiving the said moneys to the dan
. age OF the said plaintiff in the sum
n AS. 1903"
;, srhAt said damage has not bee
a paid nor any part thereof For seeon
q cause of action plaintiff alleges that
:. or abou, the Iith day Of January, lss
:. the said defendant Woodin, as sue
treasurer. did receive from Squire
crowley moneys belonging to the sa
county Of Bingham In the sum OF sls
Z 1900"
~ That said woodiu as such treasur'
y did no, safely keep the said moneys NJ
r. any part thereof but did deposit u
90 same on genera. deposit In the DAT
le OF &. Bunting & Co, bankers, corpo
u alton then doing business In the "a
NJ county Of Bingham. which said corlS
m alton then was, ever since has been al
T. now is insolvent, aud unable to pay
It, liabilities as they matured.
ID .srhat the said money was never
,u turned to the plaintiff or to said 're'
O. uror but was wholly lost to piaintlf
~ it's damage In the sum OF US, 'ie.2" In
70 said damage has not been paid or a
n. par, ,hereof;"s copy OF the bond Is
Oh tuchcd to and madv part OF tue CO
We plant.
:, .,,,,,dad COMPLAINT the defet