People ex rel. Smythe v. Ballance

This suit was brought by appellant whose testator was county clerk of Marion county from 1922, to September, 1926, when he died. During that same period, appellee, J. Lem Ballanee, was county treasurer of said county and appellee, National Surety Company, furnished his official bond.

The controversy hinges around an item of $1,290.80 which is shown on the semiannual report made by W. H. Betts as county clerk, in June, 1926. The same item appears on page 17 of the book of cash receipts used by the county treasurer’s office of Marion county during the time that appellee, J. Lem Ballanee, was…