School District No. 35 v. Shinn

This action was brought to recover moneys which it is alleged that the defendants, as directors and treasurer of the plaintiff school district, expended without authority. The defendant, State Bonding Fund, was also named as defendant as surety on the bond of the defendant treasurer, Ellen Shinn. The defendant State Bonding Fund demurred to the complaint. On appeal to this court it was held that the complaint failed to state a cause of action against such defendant. School Dist. v. Shinn, 61 N. D. 160, 237 N. W. 693. The case remained pending against the other defendants. When it came on for…