Ostrander v. Fogarty

Taxpayer’s action by W. H. Ostrander, for whom the county board of education for the unorganized school territory of Koochiching county was substituted, to recover $6,972.72, with interest, for salary drawn by the defendant Fogarty as treasurer of Koochiching county in excess of the amount allowed by law. There was judgment for plaintiff in the sum of $7,822.77, and the defendant appeals.

The county treasurer of Koochiching county is ex officio the school treasurer of the unorganized territory of the county. G. S. 1923 (1 Mason, 1927) § 2853. The defendant was the treasurer.

The statute, G. S.…