71 Iowa 543 | Iowa | 1887
The defendants claimed, by their motion to dismiss, that the plaintiff was not authorized by law to maintain the action upon his own motion, and that an action can only be brought at the instance of the district attorney of the proper judicial district. They rely upon section 1532 of the Code, which is as follows: “The bond shall be deposited with the county auditor, and suit shall be brought thereon at any time by the district attorney, in case the conditions thereof, or any of them, shall be broken. The principal and sureties therein shall also be jointly and severally liable for all civil damages, costs and judgments that may be obtained against the principal in any civil action brought by a wife, child, parent, guardian, or other person, under the provisions of sections fifteen hundred and fifty-six, fifteen hundred and fifty-seven, and fifteen hundred and fifty-eight, of this chapter. All other moneys collected on such bonds shall go to the school fund of the county.”
We think that the position of counsel for the defendants'.
For the error in sustaining the motion to dismiss the action the judgment will be
Reversed.