Douglass
Douglass v. Walker
Opinion
Lead Opinion
Conrey, J.
In each of these actions the appeal is by the plaintiff, from a judgment of dismissal entered after the court had sustained the several demurrers to the amended complaint, and after the plaintiff had failed to further amend within the time allowed therefor. In each case there was filed an amendment to the amended complaint on the same day when the court ruled on the demurrers. Counsel have assumed, and we shall adopt that assumption, that the demurrers were presented and considered as upon the respective amended complaints as thus amended. The actions were brought to recover upon separate official bonds of the several officers named, to compensate for damages incurred by reason of the failure, neglect and omission of each of the bonded officers to faithfully perform his official duties as required by law, all with resulting loss to the plaintiffs.
Defendant Walker held the office of state building and loan commissioner from January 6, 1927, to August 12, 1929, and defendant Whitmore occupied that office from August 12, 1929, to December 31, 1930. Defendant Dorothy was a duly appointed and qualified deputy state building and loan commissioner from October 1, 1927, to December 12,…