Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1903-12-23

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FILED THEIR ANSWER
Ex.city Clerk osmundson and 6onds-
men Basnstsd and Ekandsr File
Answers in Suit Brought
by City.
Samu Osmunds On, Ole Barnstad
and A. J. Ekander have filed their
answers in the suit broughi by the city
against them to recover the funds al
legged to have been diverted by Os-
mundson as city clerk. We give be.
low the full texts of the answers.
OSMUNDSON' ANSWER.
The defendant Osmundson for his
answer to the complaint of plaintiff
herein denies each and every al 'ega-
tion thereof except that the plaintiff is
q municipal corporations: that this de-
fendant was it's recorder from April
rs, 1898, to March q, 1902, and that
he paid over to the treasurer of plain.
tiff 10 the year beginning April Is,
1898, Sl6, 1884 .68 and that he gave bonds
for the faithful performance of his
duties as such recorder.
For a second and further answer to
the complaint of plaintiff herein the
defendant Osmundson alleges that in
March, 1902, the plaintiff claimed that
he was owing it considerable
amount OF money; that said claim was
made on the ground that he had not
paid over to the treasurer all moneys
received by him; that said claim was
untrue and unjust; that nevertheless
in settlement thereof defendant tend
cred to plaintiff as and for full salts
faction of all its claims against him
the sum of 81, 500, which sum was ac-
cepted and received by plaintiff as
full satisfaction of all its claims
against this defendant and plaintiff
piled to its own use the said sum OF
$500.
Wherefore defend ant prays that he
be hence dismissed together with his
costs and disbursements herein In
Cured. SAMUEL OSMUNDSON.
ANSWER OF BARNsTAD AND Elk ANDER.
The defendants A. ]. Ekander aud
Ole Barnstad for their separate answer
to the complaint OF plaintiff herein
deny each and every alleg alton of
said complaint except as hereinaf err
specifically admitted, qualified or de-
MED.
The said defendants admit the in
corporation of the village of Willmar
and of the city of Willmar as alleged
aud that the defendant Osmundaon
was the village recorder OF said Will
mar from the 9th day of April, 1898
to the 18th day of April, 1901, and he
was such officer by virtue of appoint
ment by the village council af' said
village and not otherwise.
The said defendants further admit
that plaintiff owned and operated an
electric light plant and a water plant
as alleged in its complaint; also that
the village treasurer was the legal
custodian of its moneys and paid out
the same only upon orders properly
drawn therefor. s. - =.
Further answering, defendants al.
lege that it was not the duty of said
recorder to collects the moneys or any
OF them due to said village, nor to
collect the accounts or any of them
due to the said village from any per-
son or persons whatsoever but only
to receive such moneys as should be
actually paid him for and in behalf of
said plaintiff.
The defendants allege and admit
that on the 9th day OF April, 1898,
they as sureties entered into a bond
in the sum of $1,000 conditioned as
follows: "The condition OF this OBJ
legation is such that whereas the
above bounded Samuel Osmundson
was on the 25th day of April, 1898,
duly elected village recorder in and
for the village of WilImar, in said
county, for the term of one year and
is about to enter upon the duties of
said Office, now therefore If the said
Samuel Osmundson shall, will and
does faithfully discharge all his Off
cial duties as such villege recorder in
and for said village, then this obi
cation to be void, otherwise to re-
main In full force and effect" That
the said Osmundson did faithfully dis.
charge all his official duties as such
village recorder during the year re-
ferred to in said bond and particular
ly did nay over to the treasurer OF
said village the sum of SIG, 1884. .68, the
same being the entire amount of
moneys OF all kinds received by him
uuFluR SdAu FcaI 1Oi UT IL UoudAA Vi
said plaintiff.
Further answering. the said defend
ants allege and admit that on April
"a, 1899, defendant Osmundson was
duly appointed village recorder OF
plaintiff for the term of one year and
that on the 9Th day OF May, 1899, they
a. sureties executed bond identical
with the bond heretofore set out ex-
capt as to date OF appointment of said
Osmundson, and they all 'ge that dur
ing the time said bond was in force
the defendant Osmundson did faith
fully discharge all his official duties
as such recorder and did nay over to
the village of Willmar al moneys re-
ceived by him as such recorder.
The same answer is made as to the
years OF 1900 and 19O1.)
That all and singular the appoint
ments of said defendant Osmundson
as village recorder in and for the viii
lage OF Willmar we're for the exact
term of one year and no longer. That
no other condition was contained in
any of said bonds except as hereinbe-
fore stated and said defendants spe-
officially deny tn At said Osmundson as
such recorder or otherwise converted
to his own use any sum or sums what
ever of the money OF said plaintiff or
in any aum or amount whatever.
That If the books Of plaintiff whether
kept by defendant OsmundsOn or 9th
erwise, show any failure on his part
at any time or in any amount to pay
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