School District No. 5 v. Randall

The opinion of the court was delivered by

Burch, J.;

The action was one by a school district against the surety on the bond of the district treasurer. The court refused to strike a portion of the answer, and the school district appeals.

In April, 1929, at the annual school meeting, J. L. Balia was elected treasurer of the district. W. J. Randall signed his bond as surety. The bond provided for faithful performance of duties of the office. The petition alleged Balia died a defaulter in the sum of $2,507.96, and prayed judgment against Randall for that sum.

At the school-district meeting Balia was…