Fry v. State ex rel. Ristine

This was a suit upon a county treasurer’s bond. The breaches alleged were a-failure to'account to the Auditor of State for, and to pay to the Treasurer of State, moneys received on account of liquor licenses, under the fifth section of the temperance act of 1859. 1 G. & H. 615. These moneys were received by the county treasurer prior to the taking effect of the school law of 1861. 1 G. & H., Sup. 30. Two questions only are presented by the appellants’ counsel for the consideration of this court.. One proposition relied on for the reversal of the ease is, that the Auditor of State is not the…