37 Iowa 550 | Iowa | 1873
The condition of the bond upon which this action is brought substantially complies with the requirements of the statute ; it is in effect identical with the condition prescribed in the law. It is made his duty to hold all moneys of the district, and to pay them but only upon vouchers signed by the proper officers. He is bound by the obligation of the bond, not to exercise due care and diligence in the discharge of this duty, but to perform it absolutely, without conditions or exceptions. He is to hold the money of the district. This is the provision of the law. His contract, expressed in the bond, binds him to the discharge of this duty. He will not be relieved from his contract by showing any degree of diligence or care which falls short of absolute compliance with the terms of his contract. His liability rests upon the conditions of his bond, and if by them he is required to do an act which, without his fault, becomes impossible ■ on account of any thing occurring subsequently to the contract, he will not be released. These rules are applicable to all contracts, and the public interests demand that, at this day, when public funds in such vast amounts are committed to the custody of such an immense number of officers, they should not be relaxed when applied to official bonds. A denial of their application in such cases would serve as an invitation to delinquencies which are already so frequent as to cause alarm. The doctrine announced is supported by the following authorities: The United States v. Prescott, 3 How. 578; The Harriman, 9 Wall. 161; Boyden v. United States, 13 id. 17 ; Beams v. United States, id. 56; Muzzy v. Shattick et al., 1 Denio, 233; Commonwealth v. Comly, 3 Penn. St. 372; The State v. Harper, 6 Ohio St. 607; The United States v. Dashue, 4 Wall. 182; The United States v. Keeler, 9 id. 83; The United States v. Morgan, 11 How. 154; The United States v. Thomas, 15 Wall. 337. See District Township of Union v. Smith, decided at the present term of this court, recognizing and applying this doctrine.
Other objections raised by this demurrer should properly have been urged by motion, or in a different manner. But as the demurrer is found to be well taken on one ground, it was properly sustained, especially as the objection strikes at t-he very merits of the defense pleaded. The other grounds of the demurrer need not be considered.
We have considered all the objections raised to the decision of the court below, and conclude it was correct.
Affirmed.