Clay

This appeal is from a judgment in favor of defendants on demurrer to the complaint; and whether or not the lower court erred in sustaining the demurrer is the only matter in controversy.

The defendant Clay was elected to the office of treasurer of said county for the term commencing on the first Monday in January, 1893, and the other defendants are sureties on his official bond for that term, and this action is upon that official bond to recover money alleged to have been unlawfully paid out from the treasury of said county by Clay during said term of office.

The complaint consists of thirty-eight counts, each charging the payment of a distinct sum of money from the treasury without authority of law, the sums charged to have been so paid out aggregating nearly four thousand dollars. The only substantial differences in the counts are that the several payments are alleged to have been made at different times, and that all were not made to the same person, but a portion thereof to different persons and for different kinds of service. That part of the first count, to which alone the demurrer applies, is substantially a sample of that part of each of the other counts to which the…