School District No. 81 v. Cole

*396The opinion, of the court was delivered by

Hoyt, J. —

Plaintiff was a school district organized under the law of March 26, 1890. It brought its action against the defendant, who was the county treasurer of the county in which said district was situated, to recover certain moneys alleged to be a part of the proceeds of bonds issued by said district under the provisions of th# act of March 19, 1890. The answer of the defendant practically admitted the receipt of the money as stated in the complaint, but alleged that he retained the same as the compensation due him as county treasurer for…