School District No. 2 v. Board of County Commissioners

The opinion of the court was delivered by

Dawson, J.:

This action was an outgrowth of the peculations of a county treasurer in Ellis county.

In 1930-1931 there was a shortage of $45,987.89 in the county treasurer’s funds. He was sent to the penitentiary; his personal estate was insolvent, and his official bond was worthless.

In 1930 school district No. 2, of Ellis county, levied taxes for its general revenue and for its interest and sinking funds. These levies were extended on the tax rolls of the county and collected by the defaulting county treasurer. When demand was made on the succeeding…