Rosebud County v. Smith

This suit was brought by Rosebud county against the defendant Smith as treasurer of the county, and Federal Surety Company, the surety upon his official bond. A demurrer to plaintiff’s amended complaint (alluded to hereafter as the complaint) was sustained, with leave to amend, which plaintiff failed to do, and in due time judgment was entered for defendants. Thereupon plaintiff appealed.

The facts briefly stated are these: The Rosebud State Bank, a corporation under the laws of this state, had been designated a depository of county funds by the board of county commissioners of Rosebud county;…