
    CITY OF FORT PIERRE, Respondent v. WESTERN SURETY COMPANY, Appellant.
    (159 N. W. 869.)
    (File No. 4014.
    Opinion filed November 13, 1916.)
    Official Bonds — Municipal Officer — Default During Term of Office — * Sufficiency of Complaint.
    A complaint based upon a bond of a city officer, which, bond created liability beginning May 9th, is demurable, in failing to state that the default, alleged to have occurred during a period commencing May 6th, did not occur before May 9th.
    Appeal from Circuit Court Stanley County. Hon. John7 F, Hughes, Judge.
    Action by -the City of Fort Pierre, against the Western Surety Company, to recover upon an official bond. From an order overruling demurrer to one count of the complaint, defendant appeals.
    Reversed.
    
      Kirby & Kirby, for Appellant.
    Appellant cited: Pol. Code, Sec. 1238; Adams Co. v. Western Surety Co., 35 S. D. 194; Connersville v. C'onnersville Flydraulic Co. 86 Ind. 235; Phillips v. Sonora Copper Co. Tj App. Div. 140, 86 N. Y. Supp. 200; Millican v. McNeil (Tex.' Civ. App.) 50 5. AY. 428; Reid v. Ryttle, 150 Ivy. 304, 130 S. W. 357; 6 Encyc. PI. Pr. 255.
   WHITING, J.

This is an appeal from- an order overruling a demurrer to one count in, a complaint. The cause of action sought to be alleged In' such count was one on an official bond. The bond was not effective until May 9, 1910. The official wrongdoing was alleged to have occurred during a period commencing' May 6, 1910. There is nothing to show but what the entire cause of action — so far as the pleading shows any actionable wrong— occurred prior to May 9, 1910. The demurrer should have been sustained. Adams Co. v. Western Surety Co., 35 S. D. 194, 154 N. W. 890.

The order appealed from is reversed.  