State v. Edwards’s Empirical Analysis

Citation profile

3 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The Court correctly charged: ‘When an officer has held his office for two’ or more successive terms, and suit is brought on the last bond, it will be presumed, that the default occurred during the last term, unless the sureties can prove that, as a matter of fact, the principal had been guilty of a defalcation, prior to the execution of the bond sued on.’ The presumption is that, when the new bond was given and the new term of office entered upon, the officer had in his hands, all the money which he ought to have had at the beginning of the term covered by the new bond. In Murfree on Official Bonds, sec. 219, the rule is thus stated: ‘When an officer is reappointed and gives a new bond, he is presumed to have on hand, all money which his accounts show to be due to the government; consequently, his sureties on his new bond become immediately liable for the amount, and if they allege that no such amount was then on hand, it is incumbent on them to show that the funds with which their principal then stood charged, had been converted by him during the currency of his first bond. They are not, of course, liable for the default of their principal, committed before the execution of their bond, but the onus is upon them to show that it was so committed, for every officer is presumed to have done his duty, until the contrary is proved; and as it is the duty of an officer to have on hand balances charged to him in his official accounts, he is presumed to have such funds in hand.””

   1 later decision quote this exact passage · from the majority
   e.g. State Ex Rel. Causey v. Causey