School District No. 8 v. Erskin

Appellee brought suit against the school district before a justice of the peace, and recovered judgment, from which the latter appealed to the district court, and filed a bond, to which the name of the district was signed by the secretary thereof.

In the district court, appellee moved to dismiss the appeal upon the ground that the bond was not executed by appellant, which motion was allowed, and a motion by appellant for leave to file a good and sufficient bond was denied.

The school law (Rev. Stat. 580) provides as follows: “The president shall appear in behalf of his district in all suits…