Ward v. School District No. 15
Nebraska Supreme Court
Error to the district court of Colfax county. The action was to recover of Ward and his bondsmen certain moneys due the plaintiff, district from Ward the treasurer. To the second count of .the answer the plaintiff demurred, which was overruled, and upon the issues joined trial was had before Post, J., and judgment given in favor of the district, to reverse which Ward and his bondsmen prosecuted this petition in error. cited Dillon on Mun.
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Error to the district court of Colfax county. The action was to recover of Ward and his bondsmen certain moneys due the plaintiff, district from Ward the treasurer. To the second count of .the answer the plaintiff demurred, which was overruled, and upon the issues joined trial was had before Post, J., and judgment given in favor of the district, to reverse which Ward and his bondsmen prosecuted this petition in error. cited Dillon on Mun. Oorp., secs. 98 and 99. Wells on Questions of Law and Fact, sec. 56. cited District v. Smith, 39 Iowa, 9. School Dustees v. Bennett, 3 Dutch (N. J.), 513.…
1Opinion of the CourtLake, J.
The demurrer to the second count or defense of the answer should have been sustained. The matters therein alleged were no defense to the facts stated in *295the petition. After having admitted the receipt of the money in question by Ward as treasurer of the district it was sought to escape liability therefor by merely showing that “before the commencement of the action the said school district and the said IT. M. Ward came to a mutual accounting touching the several matters and things in said petition mentioned, and on the said accounting the account of the said IT. M. Ward, as such treasurer,…
2Cited by13 opinions
- Tillinghast v. . MerrillNew York Court of Appeals · 1896
- Wiley v. City of SpartaSupreme Court of Georgia · 1922
- People Ex Rel. Nash v. . FaulknerNew York Court of Appeals · 1887
- Bush v. Johnson CountyNebraska Supreme Court · 1896
- Board of Education v. JewellSupreme Court of Minnesota · 1890
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