Hiatt v. State ex rel. Kitselman

The relator’s complaint is based on the official bond of Milton R. Hiatt, executed by him as principal, and by the other appellants as sureties, to secure the faithful performance of his duties as treasurer of the board of school trustees of the school town of Ridgeville. The breach alleged is the failure of Hiatt to turn over to the relator, who was duly elected his successor, the school funds in his hands.

• It is insisted by appellants that the complaint is defective, because it does not aver that Hiatt’s term of office had expired. That such an averment is essential is affirmed in the case…