County of Bingham v. Woodin

Citations

• 6 Idaho 284
• 55 P. 662
• 1898 Ida. LEXIS 70

Syllabus

<p>Pleading. — Where the complaint fails to set forth a material fact, essential to the establishment of plaintiff’s right to recover, the-complaint is bad on general demurrer.</p> <p>County Assessor and Tax Collector — Deposited on General Deposit. — C., as assessor and tax collector for the county, paid into the bank of B. & Co. a sum of money collected by him as such official, and subsequently gave to W., the outgoing treasurer of said county, a check for $50,539.03, and the cashier of said bank, without the knowledge or consent of the incoming treasurer,, passed a portion of said amount to the credit of the incoming treasurer; held, that this did not constitute “a deposit on general deposit” by such incoming treasurer.</p> <p>Evidence, Documentary. — In an action on treasurer’s bond the plaintiff was permitted, over the objection of defendants, to introduce the ledger of a banking company and to read in evidence certain entries therefrom, there being no proof as to who made the entries or when they were made, or that the treasurer had any knowledge of or ever consented to such entries. Held, error.</p> <p>(Syllabus by the court.)</p>