Legal Opinion

Huffman v. Board of Commissioners

Supreme Court of Kansas

Decided January 15, 1880PublishedCited by 10 opinions

Error from, Greenwood District Court. W. C. Huffman, plaintiff in error, was county attorney of Greenwood county in 1875. In September, 1876, he brought suit in the district court for $500, for services rendered by him in 1875 for his county, at the request and instance of the board of county commissioners, in the case of The State v. Nicholas, tried in Lyon county on a change of venue from Greenwood.

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Error from, Greenwood District Court. W. C. Huffman, plaintiff in error, was county attorney of Greenwood county in 1875. In September, 1876, he brought suit in the district court for $500, for services rendered by him in 1875 for his county, at the request and instance of the board of county commissioners, in the case of The State v. Nicholas, tried in Lyon county on a change of venue from Greenwood. Nicholas had been county treasurer of Greenwood county, and was charged with the embezzlement of funds and property of the county to a large amount. The answer of the defendants alleged that at…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

On the trial, the plaintiff produced testimony fully sustaining his cause of action. The defendants’ evidence proved that the county board conveyed the plaintiff from Eureka, in Greenwood county, to Emporia, in Lyon *282county, twice, in very cold weather, to assist in the case of The State v. Nicholas; that he rendered service in the case in Lyon county, and that he paid his own bills there. It was also shown by the defendants, that he was not taken to Emporia as a witness, as they testified the board had no thought of the plaintiff bein.g a…

2Cases cited2 opinions

  1. Comm'rs of Leavenworth Co. v. BrewerSupreme Court of Kansas · 1872
  2. Butler v. Board of CommissionersSupreme Court of Kansas · 1875

3Cited by10 opinions

  1. Board of County Commissioners v. SimmonsSupreme Court of Kansas · 1944
  2. Gandy v. StateNebraska Supreme Court · 1889
  3. Bates v. School District No. 10Washington Supreme Court · 1907
  4. County of Sargent v. SweetmanNorth Dakota Supreme Court · 1915
  5. City of Topeka v. RitchieSupreme Court of Kansas · 1919

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