Town of Ross v. Collins

Mr. Presiding Justice Wright

delivered the opinion of the court.

This was’an appeal from a justice of the peace, in which appellant was sued by appellee for compensation for services rendered in his official capacity as town clerk. A jury was waived, and the trial bv the court ended in a finding and judgment against appellant for $46, to reverse which it prosecutes this appeal.

The grounds upon which a reversal of the judgment is sought, as argued by counsel for appellant, are, (1) that before a town officer can sue his town he must first present his claim to the supervisor, whose duty it is,…