County Treasurer — Action on Official Bond by County Commissioners — Sufficiency of Complaint.
1. An action upon the official bond of a county treasurer for the recovery of money due the county, collected by him and not paid over, is properly brought in the name of the board of commissioners of the county.
2. In such action, where the complaint alleged the execution of the bond and that the defendant collected the money as treasurer, etc., and there was no allegation that the defendant was treasurer at any time not covered by the bond: Held, that the complaint substantially alleged that the money was collected during the term covered by the bond, and was sufficient.
READE, J.
The first ground for demurrer, that the county commissioners are not the proper relators, was overruled, for the reason stated in a case between the same parties at this term, ante, 181.
The second ground for demurrer, that it is not alleged in the complaint that the money was collected during the term covered by the bond, was overruled, for the reason that it is so alleged substantially. It is not alleged that he was county treasurer at any time not covered by the bond, and it is alleged that he collected the money "as treasurer." The defendants may answer over, if so advised.
PER CURIAM. Affirmed.
Cited: Comrs. v. Magnin, 85 N.C. 115; Wescott v. Thees, 89 N.C. 58.
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