22 P.2d 857 | Colo. | 1933
THE people of the state of Colorado sued G. H. Bell and others, sureties on an official bond given by Charles H. King, as treasurer of Garfield county. The case is entitled "The People of the State of Colorado, for the use of Garfield County."
Due to the closing of the bank in which King had deposited the money, King failed to deliver the county funds to his successor in office; hence the suit. Bell's demurrer on the ground that the plaintiff has no legal capacity to sue was overruled. Bell stood upon his demurrer and judgment was rendered against him. He seeks a reversal of that judgment.
The only question for consideration is whether the defendant in error, plaintiff below, has legal capacity to sue.
[1] It is said that the suit should have been brought by the people of the state of Colorado, for the use of the board of county commissioners of the county of Garfield. Counsel cites section 8662, Compiled Laws, which provides that "in all suits or proceedings, by or against a county, the name in which the county shall sue or be sued shall be, the board of county commissioners of the county of __________"; and also cites the case of Board ofCounty Commissioners, etc. v. Churning,
[2] The objection urged here is highly technical and is without substantial merit. We may well say in this case, as we said in Cooper v. People, supra: "While the contract of a surety is strictissimi juris, courts should not, in a case like this, be astute to furnish an avenue of escape."
The judgment is affirmed.
MR. JUSTICE CAMPBELL, MR. JUSTICE MOORE and MR. JUSTICE BURKE concur. *588