Coffman v. Parker
Supreme Court of Kansas
Error from Lyon Listriet Court. Action brought in the district court on the bond of a school-district treasurer. The title of the action was — “F. M. Parker, Treasurer of School District No. 16, Lyon and Chase Counties, in the State of Kansas, plffi, v. J. L. Coffman.”
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Error from Lyon Listriet Court. Action brought in the district court on the bond of a school-district treasurer. The title of the action was — “F. M. Parker, Treasurer of School District No. 16, Lyon and Chase Counties, in the State of Kansas, plffi, v. J. L. Coffman.” Coffma/n demurred, “for that it appears on the face of the petition that the plaintiff has no legal capacity to sue, and that the action should have been brought in the name of the School District, and not in the name of the Treasurer.” The district court overruled the demurrer, and gave judgment at the October Term 1872 for…
1Opinion of the Court
The opinion of the court was delivered by
Bkeweb, J.:
This was an action on the bond of a treasurer of a school district. It was brought by the present treasurer in his own name, as such treasurer, against his predecessor, to recover a balance not paid over. The first and main question is, whether such action must be in the name of the district, or may be in the name of the treasurer, as plaintiff. The' money belongs to the district, and not to the treasurer. The district is the real party in interest. Hence, by the general rule of the statute the district should be the plaintiff. Code, § 26.…
2Cited by1 opinion
- Gilbert v. Board of EducationSupreme Court of Kansas · 1890