Perkins County v. Miller

This action was instituted in the court below against the principal and sureties upon the official bond of John E. Miller, as county clerk of Perkins county, to recover certain moneys alleged to be due the county from Miller by reason of breaches of the conditions of said bond. A general demurrer to the amended petition was sustained by the trial court, and the cause was dismissed. The county has prosecuted this error proceeding.

The amended petition alleged, substantially, that at the general election held in Perkins county in November, 1888, the defendant J. E. Miller was duly elected to…