
    Harry Boeken et al. v. School District No. 49 of Allen County.
    No. 15,311.
    (93 Pac. 1132.)
    Jurisdiction — Supreme Court — Amount in Controversy. The difference between the amount for which defendant offered to confess judgment and the amount of the verdict being but $89.25, the proceeding in error was dismissed.
    Error from Allen district court; OSCAR FOUST, judge.
    Opinion filed January 11, 1908.
    Dismissed.
    
      Altes H. Campbell, and John F. Goshorn, for plaintiffs in error.
    
      H. A. Ewing, S. A. Gard, and G. R. Gard, for defendant in error.
   Per Curiam:

The school district sued Boeken, ex-treasurer of the district, and his bondsmen for $331.82, alleged to be remaining in his hands as such treasurer, belonging to the school district, and withheld by him on demand from his successor in office. Boeken answered setting up a counter-claim for a small amount, and admitted a balance of indebtedness of $105.29, for which he offered to confess judgment. The case was tried to a jury in the district court of Allen county, a verdict was returned in favor of the plaintiff for $194.54, and judgment was rendered against the defendants for that sum and costs. The difference between the amount of the judgment and the offer is $89.25, and this is the sum attempted to be put in controversy in this court by the appeal. The error proceeding is not within the jurisdiction of this court. (Civ. Code, § 542; Gen. Stat. 1901, § 5019.)

The proceeding in error is dismissed.  