Hunnicutt v. Kirkpatrick

This was an action by the treasurer of Saline County against his predecessor and the sureties on his official bond. The breach assigned was, that, having made his settlements with the County Court, on account of moneys received for the use of the several school districts in the county, balances, amounting in the aggregate to $1,978.25, were struck against him, which he was ordered to pay over to his successor, but he had failed so to do, except as to the sum of $816.31, leaving due and unpaid $1,161.94.

A demurrer, for want of legal capacity in the plaintiff to sue, was overruled, and an…