Houston County v. Killen

Jackson, Chief Justice.

[On February 26,1885, G. W. Killen brought his action of complaint on an open account against Houston county, to recover $1,000 as salary as superintendent of roads of the county from January 1, 1884, to January 1, 1885.

The defendant filed several pleas, one of them being that the act of the legislature, under which the contract with the piaintiff was made, was unconstitutional. The commissioners of the county also set up, by way of defence, that they were enjoined, under a bill filed by one Pierce, from proceeding with the putting of this work into operation, and that,…