Allen v. Cowan

This action is brought against the county of Phelps and the clerk of the circuit court of said county. The parties defendant entered an appearance, and, on a demurrer to the petition, filed by each defendant, an overruling of the same, and a refusal of the defendants to plead further, the court rendered a decree awarding-substantial relief against the defendant Cowan, and generally for costs, from which both defendants prosecute this writ of error. The county is a substantial party to this action ; its rights are necessarily concluded by the judgment; it joins in the prosecution of this writ…