McFarlane v. Howell

WILLIAMS,

Associate Justice.—This was an action by the county judge, for the use of the county, against McFarlane, as principal, and W. 0. Price and G-. W. Smythe, .as sureties, upon an instrument alleged to be the bond given by McFarlane, as county treasurer, in accordance with article 931, Revised Statutes 1895, for the security of the school fund of the county, to recover a balance of such fund which he had failed to pay over to his successor or to otherwise account for.

The defendants all pleaded general denial; and defendant Smythe pleaded specially under oath that “at the time said…