Bd. of Supervisors of Sacramento v. Bird

Citations

• 31 Cal. 66

Syllabus

<p>Action against Defaulting Treasurer of Sacramento County. — An action against a defaulting Treasurer and his securities, for mimey belonging to the County of Sacramento, if the defalcation occurred after the passage of the Act of April 25th, 1863, providing for the government of the County of Sacramento, is properly brought in the name of the Board of Supervisors of the County of Sacramento, instead of that of the People of the State of California.</p> <p>Admission of Execution of Bond sued on.—If a copy of the bond sued on is set out in the complaint, an answer denying its execution which is not verified admits its due execution.</p> <p>Defect in Official Bond.—If there is a defect in an official bond by the failure of the principal to place a seal opposite his name, the defect will not defeat a recovery thereon as against the sureties if the defect is suggested in the complaint.</p> <p>Execution and Delivery of Official Bond.—When an official bond, proper in form and substance, is signed and sealed by the obligors, and approved by the proper officer, and filed in the office .appointed by law, it is both executed and delivered to the people of the State of California.</p> <p>Surplus Allegations in Complaint. — Allegations in a complaint which are absurd, and the truth of which is impossible, and which are inconsistent with other allegations in the same complaint, may be disregarded as surplusage.</p> <p>Money in County Treasury.—Money in the County Treasury is presumptively the money of the county, and money illegally withdrawn by the Treasurer will be held to belong to the county until the contrary is shown.</p> <p>Complaint in Action on Official Bond.—In an action on an official bond of a County Treasurer, if the complaint avers only a breach by a failure of the Treasurer to keep the money in the county safe, and by a withdrawal of the same and conversion to his own use, a recovery cannot be had for a failure of the Treasurer to pay into the Treasury his commi