Board of County Commissioners v. Bongard

This is an action brought by the board of county commissioners of Carver county to recover on the official bond given by their late treasurer, Gerhard Bongard, and his sureties, under the claim that he made default in the conditions of such bond in failing to pay over to his successor $7,086.89, moneys which he had collected and received as such treasurer. Bongard, did not answer. The remaining defendants demurred to the complaint upon two grounds: First, that the plaintiff had not the legal capacity to sue. Second, that the complaint did not state facts sufficient to constitute a cause of…