Klamath County School District v. American Surety Co.

The cause was submitted and determined by the court, without a jury, on the pleadings between the plaintiff and tlie defendant American Surety Company of New York and an agreed statement of facts. Defendant Van Biper was not served with summons or complaint and did not appear, but was out of the state. By the stipulation all of the legal questions arising on the pleadings were reserved.

The facts deemed essential to state, as shown by the stipulation are substantially as follows:

The defendant G. K. Van Biper was the duly elected, qualified acting treasurer of Klamath County, Oregon, from…