Armstrong v. Durland
Supreme Court of Kansas
Error from Nemaha District Court. The action below was entitled “A. C. Durland, Treasurer of School District No. '45 in Nemaha county, State of Kansas, plaintiff, v. Simon Armstrong, Henry Stauffer, and David Armstrong, defendants,” and was brought upon the official bond of said Simon Armstrong as late school-district treasurer for neglecting and refusing to pay certain- school-district money over to his successor in office.
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Error from Nemaha District Court. The action below was entitled “A. C. Durland, Treasurer of School District No. '45 in Nemaha county, State of Kansas, plaintiff, v. Simon Armstrong, Henry Stauffer, and David Armstrong, defendants,” and was brought upon the official bond of said Simon Armstrong as late school-district treasurer for neglecting and refusing to pay certain- school-district money over to his successor in office. Defendants demurred, “for that plaintiff has not legal capacity to sue,” and also, “that there is a defect of parties plaintiff.” Demurrer overruled. Other facts and…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The action in the district court was on the bond of a treasurer of a school district, and was brought to recover a balance not paid over to the successor in office. The alction was brought in the name of the present treasurer as plaintiff. To the petition a demurrer was filed, which was overruled by the court. This was error. Coffman v. Parker, ante, p. 9.
Leave was given to amend the petition, but no amendment appears to have been made. The journal entries subsequent to this were entitled “School District No. 45, or A. C. Durland v. Simon…
2Cases cited1 opinion
- Ferguson v. SmithSupreme Court of Kansas · 1872
3Cited by2 opinions
- Board of County Commissioners v. HarveySupreme Court of Oklahoma · 1897
- Tutt v. FergusonSupreme Court of Kansas · 1874