Fuller v. County of Colfax

Dundy, D. J.

This cause was removed into this court from a state court field within and for Colfax county. The defendant moves to remand the same, for the reason that the suit was removed from an appellate court and not from the one in which the suit was brought. If this be true it must, of necessity, be decisive of the motion.

In considering the motion two questions arise — First, is a board of county commissioners a court within the meaning of the removal acts of congress; and, second, is a mere claim for damages for right of way for a public road, presented to the county board, a suit within…