
    Musgrave et al. v. Bd. of Com. of Muscatine Co.
    
    A plea averring complete performance of all the conditions of the bond sued upon, is not demurrable.
    Error, to Muscatine District Court.
    
    
      Jacob Butler, for the plaintiff in error.
    
      W. G. Woodward, for the defendant.
    
      
       Judge Hastings having been of counsel, took no part in the decision of this case.
    
   Opinion by

Kinney, J.

This was an action of debt, instituted in the district court of Muscatine county, upon a county treasurer’s bond against the plaintiff in error and his securities. The defendants below pleaded non est factum, and Musgrave, the treasurer, filed several special pleas, one of which was a plea of performance. These pleas were all demurred to, and' the court sustained the demurrer; which is the error complained of by the plaintiff in error. From a careful examination of the third plea, we believe it to have been a good one. It avers a full and complete performance of all the conditions of the bond, according to the tenor and effect thereof, which, if true, we think would have constituted a good defence to the action. We think the court erred in sustaining the demurrer to this plea.

Judgment reversed.  