45 Kan. 554 | Kan. | 1891
The opinion of the court was delivered by
This was an action brought in the district court of Woodson county by the state of Kansas, on the relation of the county attorney, against J. W. Turner, as principal, and T. W. Wilson, J. B. Fry, I. S. Jones, M. Reedy, N. F. Follett, J. H. Bayer, A. Hamilton, and August Todman, as sureties on the official bond of J. W. Turner, former treasurer of said county, to recover $2,216.47, an amount alleged to be still due from Turner as treasurer and never paid over by him to his successor in office or accounted for in any manner. At the June term, 1889, a trial was had before the court without a jury, and the court found generally in favor of the plaintiff and against the defendants, and rendered judgment against them jointly and severally for the recovery of the sum of $2,026.40, the amount found due against the defendant,. Turner, as county treasurer, and for costs of suit; and to reverse this judgment the defendants, as plaintiffs in error, bring the case to this court for review.
I. The first alleged error, as stated in the brief of the plaintiffs in error, is as follows: “The court erred in overruling the demurrers filed, for the reason that the petition shows an accounting and settlement between the county commissioners and J. W. Turner, the county treasurer, and no sufficient showing is made to justify going back of the settlement, particularly as against the other defendants (plaintiffs in error) who were his sureties.” The petition is not fairly subject to the above objection, and the ruling of the court below upon the demurrers was correct; but whether it was correct or not, it cannot be considered by this court, for the reason' that no exception was taken thereto or saved in any manner. (Lott v. K. C. Ft. S. & G. Rld. Co., 42 Kas. 293.)
II. The next alleged error is stated in the brief of plain
It is our opinion that no material error was committed in the ease, and therefore the judgment of the court below will be affirmed.