52 P. 773 | Ariz. | 1898
This was an action brought by the United States to recover from Simon Marks and the sureties on his official bond money alleged to have been illegally retained by him, while postmaster at Contention, Cochise County, Arizona. The defendants denied any indebtedness,—and set up as a counterclaim an amount alleged to be due from the United States to the said Marks for his services as such postmaster, in accordance with the quarterly accounts rendered by him to the plaintiff. It appears from the record that Simon Marks was postmaster at the place named from May, 1883, to December 31, 1885, at which time his postal accounts were audited by the department at Washington, showing a balance in his favor of $597.30; that at the appellant’s request he executed and forwarded to the department a proper receipt for this amount, but that neither the said sum nor any part thereof has been paid to him. It further appears that a subsequent examination of said Marks’s accounts by the post-office department resulted in a claim that he had made false returns of the business done at the Contention post-office, and that the following order was issued by the postmaster-general in relation thereto: ‘ ‘ Order No. 454. Post-Office Department. Office of the Postmaster-General, Washington, D. C., October 27, 1887. Being satisfied that S. Marks, late P. M., Contention, Cochise Co., Ariz., has made false returns of business at the post-office at said place during the period from April 1,
Street, C. J., Doan, J., and Sloan, J., concur.