Pommarane v. Washabaugh County

This is an appeal from an order sustaining a demurrer to plaintiff’s complaint. The action is brought to recover on certain warrants drawn against the road fund of the unorganized county of Washabaugh, and the demurrer is based upon the ground that an unorganized county in this state is incapable of suing or being sued in any court. A county is an artificial being created by law, and has such powers only as are conferred upon it by statute. The general rule relative to the right of a county to sue and be sued is laid down in Corpus Juris (15 C. J. 663) as follows: “At common law a county…