Benton School Dist. No. 26 v. Woodard

This is an action to recover on a school treasurer’s surety bond. Defendant Woodard was treasurer of Benton school district No. 26, with defendants McMillan and Smith sureties on his official bond. Woodard was out of the state when the action was commenced, and the court never acquired jurisdiction over him. McMillan was served with summons in Spink county, but entered no appearance of any kind in the case, so that the action is really against Smith alone.

Woodard qualified as treasurer on the 5th day of June, 1924, and continued in office until the 26th day of November, 1926. Dur*116ing that…