State ex rel. Barton v. Hopkins

*603The opinion of the court was delivered by

Scott, J.

The relator, at the instance of the county commissioners, performed services for the county in sinking a well to supply the courthouse with water, for which work the commissioners allowed his bill and ordered the county auditor to draw a warrant therefor upon a fund designated as the “incidental fund,” which had been created by an order of the commissioners, who from time to time directed the county treasurer to transfer to the credit of said fund moneys from the general county fund. The respondents, Hopkins and Gelbach, were respectively…