Dishon v. State ex rel. McCracken

Suit against Dishon, a former trustee of the township, and his sureties, on his official bond. Alleged breach, a failure to pay to his successor, the relator, certain moneys alleged to be in his hands.

Demurrer, assigning, 1. That there was not a proper party plaintiff, nor any proper relator. 2. That it does not state facts, etc. This was overruled.

Is there a proper party plaintiff?

The trustee is the treasurer of the township. Acts 1859, p. 222. He receives .and disburses the moneys of the township, and, at the expiration of his term of service it is made his duty (Id., sec. 12) to pay over…