Board of County Commissioners v. Tandler Bros.

The opinion of the court was delivered by

Milton, J. :

In this action the defendants in error obtained judgment against the plaintiff in error upon thirty-two county warrants. The record shows that practically all of the warrants were dated April 13, 1892, and were presented for payment to the county treasurer on the following day. Not having funds, the treasurer indorsed the warrants, “Presented and not paid for want of funds.” This suit was brought' on April 14, 1897. Three of the warrants were not presented for payment until about six months from dates of issue. The defendant below set up…