Legal Opinion

Johnston v. Board of Com'rs of Murray County

Supreme Court of Oklahoma

Decided May 23, 1916No. 5533PublishedCited by 2 opinions

Error from District Court, Murray County; R. McMillan, Judge. ' Action by Henry S. Johnston against the Board of County Commissioners of Murray County. Judgment for defendant, and plaintiff brings error. Reversed and remanded.

1Opinion of the CourtHardy, J.

Plaintiff in error, as plaintiff below, brought this suit against defendant in error to recover the value of services rendered in the district court of Murray county under an order of appointment as county attorney made on or about January 10, 1910, because of the inability and disqualification of the county attorney to appear therein. Demurrer was filed to plaintiff’s petition and sustained by the court, and plaintiff, declining to plead further, prosecutes this appeal.

The petition alleges the legal existence and incorporation of Murray county and plaintiff’s authority to practice law; that…

2Cases cited8 opinions

  1. Carpenter v. County of DaneWisconsin Supreme Court · 1859
  2. County of Dane v. SmithWisconsin Supreme Court · 1861
  3. White v. Polk CountySupreme Court of Iowa · 1864
  4. Tull v. State ex rel. GlessnerIndiana Supreme Court · 1884
  5. Terrell v. Trimble CountyCourt of Appeals of Kentucky · 1908

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3Cited by2 opinions

  1. Board of Com'rs, Comanche Co. v. FainSupreme Court of Oklahoma · 1917
  2. Board of Com'rs of Oklahoma County v. McWilliamsSupreme Court of Oklahoma · 1923

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