State v. Marston

Decided July 15, 1857

California District Court · decided 1857-07-15

This was an aefcio'n brought on an official bond of Marston, as Treasurer of the County of Alameda, against Marston and his sureties. The breach alleged is that he received, as such Treasurer, $8,551 86, which he has failed to account for, and which is deficit in the treasury. Of this sum $1,395 42 belonged to the State Fund; $1,306 17 belonged to (he County Fund; $419 02 belonged to the School Fund; $5,431.25- belonged to the County Building Fund.

Decided 1857-07-15

Hester, J.

¶1overruled the demurrer as untenable, under the conditions of the bond given to the State for the performance of duties as County Treasurer, and the duties were to safely keep and make proper returns of the State and County moneys. The answer also was no defense, as one of the duties of the Treasurer is carefully to guard against theft, for that is the most ostensible requirement for a custodian of public funds, the presumption being in favor of an officer’s honesty. United States vs. Prescott, 3 How., 575.

¶2Judgment for the State.