Burke County v. Enget

Plaintiff commenced an action against the treasurer of Burke county, and the state bonding fund, as defendants, alleging defaults within the provisions of the official bond. The state bonding fund demurred on the ground that the complaint failed to state a cause of action. From an order overruling the demurrer and from the judgment entered, the bonding fund prosecutes this appeal.

The appellant contends that the complaint is faulty, in two respects; first, that there is no allegation that the treasurer unlawfully deposited any funds in the Burke County State Bank; and, second, that the…