City of San Jose v. Welch

Citations

• 65 Cal. 358
• 4 P. 207
• 1884 Cal. LEXIS 552

Syllabus

<p>Official Bond—Liability of Stjbeties — Collection of Taxes by City Assess-obs of San Jose. — The bond of the city assessor and clerk of the city of San Jose was conditioned that he should well and truly and faithfully perform the duties of the office according to the laws and ordinances and regulations passed and approved by the mayor and common council of the city. No law, ordinance, or regulation, was passed by the mayor and common council authorising the assessor and clerk to collect taxes. Meld, that the sureties on the bond are not liable for a failure of the officer to pay over taxes collected by him, and that section 3820 of the Political Code, imposing a duty on assessors to collect taxes under certain circumstances, does not extend the liability of the sureties.</p>