Shipp Ex Rel. Fayette County v. Rodes

Dissenting Opinion by

Chiff Justice Clay.

I concur in the conclusion of the court that the statutory powers of the fiscal court were not suspended by the bringing of this action, and that the fiscal court had the power to make the compromise, but am of the ■opinion that the demurrers to the replies attacking the compromise in both the Bradley and the Bodes cases were properly sustained. The question turns on whether the allegations of fraud or bad faith are sufficient. In order that there may be no misunderstanding of the language employed, I have deemed it best to set out at length the reply…