Estill County v. Wallace

Opinion of the Court by

Chief Justice Clay—

Affirming.

In this action by Estill county against James A. Wallace to recover the sum. of $5,000.00' paid him for Ms services in settling claims and judgments against the county arising out of the R. N. I. & B. R. R. bond issue, a demurrer was sustained to the petition and the petition was dismissed. Estill county appeals.

The allegations of the petition are, in substance,, as follows: Plaintiff is a municipal corporation with power •to sue. Its fiscal affairs are controlled by the fiscal court, composed of several justices of the peace and the county…