Luikart v. Buck

In this action plaintiff seeks to be subrogated to the rights of School District No. 78 of Otoe county on the official bond of the district’s treasurer and for a money judgment against the principals and sureties on such bond. A demurrer to plaintiff’s amended petition was sustained by the trial court. Plaintiff elected not to further plead, and the action was dismissed. Plaintiff has appealed.

The facts pleaded and relied upon to support plaintiff’s alleged right of subrogation, as they appear in the petition, are: Moneys belonging to the school district and in the possession of its treasurer…