State ex rel. Boynton v. Lewis

The opinion of the court was delivered by

Burch, J.:

The action was one by the state on the relation of the attorney-general against a former county treasurer of Gove county and the surety on his bond to recover money paid by the county treasurer to the treasurer of a school district, constituting a portion of the sinking fund for the payment of term bonds issued by the school district. Plaintiff moved for judgment on the pleadings. The motion was denied, and plaintiff appeals.

Defendants contend the answer raised questions of fact, and consequently judgment for plaintiff on the pleadings was…