79-587 Class I, II, III, IV, or VI school district; treasurer; district funds; receipt and disbursement. - Nebraska Statutes

79-587. Class I, II, III, IV, or VI school district; treasurer; district funds; receipt and disbursement.The treasurer of each Class I, II, III, IV, or VI school district shall apply for and receive from the county treasurer all school money apportioned to or collected for the district by the county treasurer, upon order of the secretary countersigned by the president. The treasurer shall pay out all money received by him or her, on the order of the secretary countersigned by the president of such district. SourceLaws 1881, c. 78, subdivision IV, § 5, p. 346; R.S.1913, § 6767; C.S.1922, § 6308; C.S.1929, § 79-405; R.S.1943, § 79-405; Laws 1949, c. 256, § 99, p. 725; R.S.1943, (1994), § 79-460; Laws 1996, LB 900, § 340. AnnotationsIt is function of treasurer to pay out funds on order of secretary countersigned by president. Fulk v. School District No. 8 of Lancaster County, 155 Neb. 630, 53 N.W.2d 56 (1952).It is the duty of treasurer to pay over upon order all money received. State ex rel. Sorensen v. Bank of Otoe, 125 Neb. 414, 250 N.W. 547 (1933).Bank receiving deposit of funds of school district treasurer, who is also active managing officer of bank, holds such funds as trustee. Lincoln Nat. Bank & Trust Co. v. School District No. 79 of Boyd County, 124 Neb. 538, 247 N.W. 433 (1933).Mandamus lies to compel performance of duty by district treasurers. Leonard v. State ex rel. Tressler, 67 Neb. 635, 93 N.W. 988 (1903).Bank receiving deposit by treasurer becomes trustee for district. State v. Midland State Bank, 52 Neb. 1, 71 N.W. 1011 (1897).Warrant must be properly drawn and countersigned. Montgomery v. State ex rel. Thompson, 35 Neb. 655, 53 N.W. 568 (1892); Donnelly v. Duras, 11 Neb. 283, 9 N.W. 45 (1881).District cannot release treasurer from liability for money lost or misapplied. Ward v. School Dist. No. 15 of Colfax County, 10 Neb. 293, 4 N.W. 1001 (1880).