Supreme Court of Kansas, 1908

Boeken v. School District No. 49

Boeken v. School District No. 49
Supreme Court of Kansas · Decided January 11, 1908
77 Kan. 762; 93 P. 1132; 1908 Kan. LEXIS 335

Boeken v. School District No. 49

Opinion of the Court

Per Curiam:

The school district sued Boeken, ex-treasurer of the district, and his bondsmen for $331.82, alleged to be remaining in his hands as such treasurer, belonging to the school district, and withheld by him on demand from his successor in office. Boeken answered setting up a counter-claim for a small amount, and admitted a balance of indebtedness of $105.29, for which he offered to confess judgment. The case was tried to a jury in the district court of Allen county, *763a verdict was returned in favor of the plaintiff for $194.54, and judgment was rendered against the defendants for that sum and costs. The difference between the amount of the judgment and the offer is $89.25, and this is the sum attempted to be put in controversy in this court by the appeal. The error proceeding is not within the jurisdiction of this court. (Civ. Code, § 542; Gen. Stat. 1901, § 5019.)

The proceeding in error is dismissed.

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