People v. Smith

This action is upon the official bond of A. A. Smith, assessor of Modoc county, to collect from his sureties the amount of certain personal property taxes and poll taxes for the years 1892, 1893, and 1894, which it is alleged he failed and neglected to collect. The respondents answered the complaint, a trial was had, and at the conclusion of the plaintiff’s evidence the defendants moved for a nonsuit, the motion was granted, and from the judgment of dismissal entered thereon the plaintiff appeals. The proceedings are shown by a bill of exceptions. Smith, the assessor, was not served and did not appear.

The motion for a nonsuit contains nine specifications of grounds for the motion, but the last three only need be noticed. These are as follows: “7. That the complaint does not state facts sufficient to constitute a cause of action against these defendants, or any of them. 8. That it has been neither alleged nor proven that there has ever been any breach of the obligations of said bond by or on the part of these defendants, or either or any of them. 9. That it has not been alleged or proven that there was ever any willful or intentional or corrupt or unlawful failure or neglect or…