We think this was error. The board of education is by statute made a legal entity, empowered to sue and be sued. The money detained belonged to it, and it had the right to recover the same. The remedy is not limited to an action on the bond, it may sue a defaulting treasurer for money had and received, as was done in this case.

Judgment reversed and cause remanded, with dw'ection to. override the demurrer, and for further proceedings.