Chambers v. Baldwin

(after stating the facts as above),

There is no dispute about the facts, and the question is one purely of law, viz. upon which one of the two officers is devolved the legal duty and obligation of prosecuting attorney in criminal actions and proceedings cognizable in the district court of Red River county? The court has jurisdiction to determine ⅛⅜ question in order to give the relief the law can afford, although the proceedings are in the nature of a private, and not public, action, within the scope of the law, as a property right is involved- — the rig'ht to receive fees of office. Both…