State ex rel. Wayne Township v. Prather

This was an action against Prather as trustee of Wayne township, and his sureties, on his official bond, charging that he had failed to pay over to his successor in office, Herman H. Valhowe, some two thousand six hundred dollars of public funds that were in his hands, as trustee, when he. retired from said office. The defendants answered in five paragraphs. The first paragraph is as follows:

p“i. That said plaintiff ought not to have or maintain this action, because they say that after said Valhowe was elected and qualified as trustee of said township, to wit, on the 14th day of March, 1871,…