Page:North Dakota Reports (vol. 3).pdf/372

There was a jury trial, and the verdict and judgment were for the defendants. The proceeding had at the trial, embracing the evidence and rulings thereon and the instructions given to the jury, were brought up on the record. A motion for a new trial was denied. Plaintiff assigns error in this court upon certain rulings of the trial court made upon the admission of evidence, and upon certain instructions of the court given to the jury; but, in the view which we have taken of the whole case as presented by the record, we deem it unnecessary to specifically pass upon plaintiff's assignments of error. If the District Court did err in its rulings and instructions which are assigned as error the result would not be different, as we have concluded, upon the conceded facts and undisputed and competent evidence in the record, that the plaintiff cannot recover in this action, and hence that the judgment must be affirmed. Paragraph 6 of the complaint, the averments in which are expressly admitted in the answer, alleges, in substance, that the defendants at the time in question constituted plaintiff's school board; and that the defendants, acting as board, executed and issued two $500 7 per cent. bonds, pursuant to a vote of the electors directing such bonds to issue for the purpose of building a school house. The execution and issuing of the bonds by the school board being admitted, it becomes of importance to inquire when, where, and to whom such bonds were issued and delivered by the school board. Upon this vital feature of the case issue is squarely joined. The complaint (paragraph 7, supra) alleges in substance that “both of such school bonds were placed in the hands and custody of William Haseleu, the treasurer of said school township, for the purpose of negotiation and sale; and that said William Haseleu did negotiate and make sale of said two school township bonds with one C. T. Ingersoll for the whole sum of nine hundred and fifty dollars.” It is admitted that Haseleu, upon demand therefor, has neglected and refused to turn over the bonds or their proceeds to his successor in office, and has wholly failed to’ account for either the bonds or their proceeds, except for the sum of fifty dollars which