Farnum

County of San Luis Obispo v. Farnum

Caution
108 Cal. 562·1895 Cal. LEXIS 891·41 P. 445
Supreme Court of CaliforniaAugust 27, 1895No. 19488California1,221 words

Opinion

Lead Opinion

Haynes, J.

This action is upon the official bond of C. A. Farnum as county auditor of said county. The other defendants are R. E. Jack and J. P. Andrews, the sureties of Farnum upon said bond.

The complaint alleges that Farnum, as such auditor, at divers times between January 2, 1891, and January 3, 1893, received from the license tax-collector of said county divers sums of money collected for license taxes due said county, the sum of twelve hundred and eighteen dollars and sixteen cents, which he, said Farnum, had failed and refused to pay to the county; alleged the making and approval of the bond, and attached a copy of the bond to the complaint. The bond is in the statutory form, conditioned that he should “well and faithfully perforin all official duties now required of him by law, and shall well and faithfully execute and perform all duties of such office of auditor of San Luis *564 Obispo county required by any law to be enacted,” etc.

A general demurrer was interposed by the defendants, which was overruled, and the defendants answered. The cause was tried by the court, and a finding that all of the allegations of the complaintwere true (except that the amount was reduced to eleven…

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