Middleton v. Lewis, County Treasurer

Opinion op the Court by

Judge Richardson

— Reversing.

Clarence Middleton filed this action against W. W. Lewis, treasurer of Harlan county, to compel him by appropriate orders to pay bim a county warrant for $4,232.45 with interest from tbe 5th day of April, 1934, until paid.

S. M. Ball filed an intervening petition, which was taken as a counterclaim against Middleton and as a cross-petition against Lewis, treasurer of Harlan county. By appropriate allegations therein he asserted ownership of the county warrant. Middleton traversed the same. An issue was thus joined between them as to the…