
    Board of Education v. Milligan.
    
      Boards of edtication — Remedy against defaulting treasurer.
    
    A board of education may sue its treasurer for money received and not accounted for.
    (Decided February 27, 1894.)
    Error to the Circuit Court of Ashland county.
    Action in the common pleas on appeal from the judgment of a justice of the peace, by the board Of education of the above named district, against the defendant Milligan, who had been duly appointed, qualified and acted as treasurer of the board, and, his term having expired, failed on demand to pay over to his successor the balance of the money in his hands belonging to the board, amounting to the sum of $84.28, for which the plaintiff asked a judgment with interest.
    The defendant demurred to the petition on the ground that it did not state sufficient facts, and, also, on the ground that the plaintiff has not legal capacity to sue. The court sustained the demurrer and. dismissed the action, which judgment was affirmed on error in the circuit court. .
    
      Silas C. Parker, for plaintiff in error.
    
      Campbell & Grosscup, for defendant in error.
   By the Court.

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.  