Page:North Dakota Reports (vol. 3).pdf/371

 office on the 27th day of June, 1884, and that he was succeeded in said office by Gustave Papenfuss, who is now the duly elected and qualified treasurer of said school township. (11) That by reason and means of the facts herein stated that said William Haseleu and his co-defendants are indebted to the plaintiff herein, the said Prairie school township, in the sum of nine hundred dollars, and interest thereon from the 27th day of June, 1884, at the rate of seven per cent. per annum, for which amount and costs of this action plaintiff asks judgment against said defendants.”

For answer to the complaint defendants say: ‘“(1) That they admit all the allegations contained in paragraphs numbered 1, 2, 3,4, 5, 6, and 10 of plaintiff's complaint. (2) That they deny that the school bonds described in paragraph 6 of plaintiff's complaint were ever placed in the hands of the defendant William Haseleu, treasurer as alleged; and further deny that the said bonds were sold by the said William Haseleu, treasurer, to one C. T. Ingersoll, for the sum of nine hundred and fifty dollars cash, as alleged; and further deny that said bonds were ever sold or negotiated at any time or place by the said William Haseleu, treasurer, for the sum alleged in paragraph 6, or for any other sum whatever. (3) That they specifically deny all the allegations contained in paragraph 8 of plaintiff's complaint except as to the date on which defendant's (William Haseleu's) term as treasurer expired, and the name of the person succeeding him as such school treasurer. (4) That they specifically deny each and all of the allegations contained in paragraph 9 of plaintiff's com- plaint. (5) That they deny that they are indebted to the plaintiff in the sum of nine hundred and fifty dollars and interest, as alleged in paragraph 11 of complaint, or that they are indebted to plain- tiff in any sum whatever. (6) The defendants for further answer and defense to plaintiff's complaint, say that the cause of action therein stated did not accrue at any time within six years next before the commencement of plaintiff's action thereon. Where- fore defendants demand judgment for costs.”