City of Parkston v. Kayser
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
GATES, P. J.
This is an appeal from an order overruling defendants3 demurrer to the complaint.
The complaint alleges the corporate capacity of plaintiff; that William Kayser was elected and qualified as city treasurer; the furnishing and approval of his official bond with one Hoffman and Kayser, Jr., as sureties, which bond is set forth in full; that on April 10, 1924, the American State Bank of Parkston became insolvent and was taken possession of by the superintendent of banks; that said treasurer then had city funds on deposit in said bank amounting to $11,414.50; that upon retiring from office the treasurer accounted to the city for all money except the above deposit — and further alleges demand and refusal.
The questions raised in this appeal are all disposed of by the opinion in Edgerton Ind. Con. School Dist. v. Volz, 50 S. D. 107, 208 N. W. 576 . For the reasons therein stated, the order appealed from in this case is reversed.
MISER, Circuit Judge, sitting in lieu of SHERWOOD, J.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 1 case
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.