Albuquerque citizen. [volume] (Albuquerque, N.M.) 1907-1909, 1909-01-28
CERTIFIED CHECK
FILED With COURT
Suit Against B0ndSmen With
drawn. Stipulation Filed,
and Check to Cover
Full Amount
Deposited.

suit MED lnlS afternoon DN us
trict Attorney r. w. Clancy against
John s. Beaven,~ former county
treasurer, and his bondsmen, to re-
cover $S,O94.55 which represents the
money Beaven withheld in excess Of
his fees while in office, was imme-
daitely Withdrawn and a suit against
Beaven alone filed.
This action was taken as the result
Of a stipulation entered into between
Mr.. Clancy and MIR. Beaven and his
attorneys, by which Beaver agreed
to deposit with the court certified
check for $3.50 pending the out
come of The suit. Mr.. BeaYen depos-
tied the certified check with the
clerk of the district court, and as
this amount is believed sufficient to
cover the excess fees, the suit against
the bondsmen was Withdrawn, leav-
ing only the suit against Beaven,
which is to test the legality of his
action in Withholding fees represent
ing per cent of his collections
A copy Of the stipulation follows:
ln the District Court of the Second
Judicial District 81 the Territory
of New Mexico; within and for the
County of Bernalillo
Territory of New Mexico, plaintiff,
VS..
John S. Reaven. owen n. Marion,
Isaiah \. Dye. J. f. Palmer, Jay
A. Hubbs and Volney p Ede, de-
ferdants stimulation.
It is hereby stipulated and agreed
by and between the attorneys for the
respective parties to the above entit-
led cause that the defendant, John
5. Beaven. may deposit with the clerk
Of this court the sum of eighty-one
hundred fifty dollars ($S150,00),
which sum, it is estimated, will be
sufficient 10 cover any amounts
which may be found due from the
said John : Reaven for any moneys
collected by him while county treas
urer of Bernalillo county, either for
theterritory the county, the city of
Albuquerque, or other party or fund
during his term of office; and also
any costs which may be awarded
against him n this suit; the same to
be held by the clerk as indemnity to
abide the event Of thic action, and
that upon the deposit of said sum of
money that this action be dscon-
tnued as against the other parties
defendant who are surcties upon the
bond.
And it is further stipulated by and
N behalf of said defendants that if,
at any time during the continuance
of this action, it shall appear that the
sum so deposited is sufficient to cover
the amount of his possible liability
as herein recited that the said John
;. Beaven will, by order of the court,
deposit such farther amount as will
he sufficient 10 cover such possible
liability and upon his failure to do
SO, that this action be then revived
as against the other parties defend
ant.
Dated this 27th day Of January,
1909.
F. w. CLANCY.
Attorney for plaintiff.
NRRON & WOOD.
Attorneys for defendant.
The suit filed against Beaven and
his bondsmen, O. n. Marion, A. d.
Dye, J. F. Palmer, Jay A. Hubbs and
Volney p Edie set forth the claim of
the county as based on the statute
which provides that treasurers and
collectors of counties in Glass A shall
receive per cent of the money col
iected as fees. the salary not to be eX-
Ceed S4.j00 The allegation is made
collections. aggregating $19,S41.S7
and of this amount $S,O94.55 is with
held Illegally.
The stipulation referred to above
was made yesterday afternoon. Mr..
Marion, chief counsel for Beaven, was
at the court house when Mr.. Clancy
arrived to hle the suit Immediately
after filing il. he withdrew ii, and i'm
its place filed suit again Beaven alone
for SS.094.55. The stipulation was
then filed and the certified check for
$3.50. bearing the signature of Roy
Mcdonald, cashier of the State Ma
tional bank, and the endorsement Of
Mr.. Beaven was deposited with the
clerk of the court.
The attorneys for Beaven imme-
diately filed answer To the suit deny
ing that Beaven holds money belong
ing TO the county; that the $S,094,55
referred TO In the suit is due him as