Board of Commissioners ex rel. Bentley v. McIlvain

The defendant below, the appellee here, demurred, on the ground that the plaintiff had no legal capacity to sue, and that the facts stated did not constitute a cause of action. The statute provides that the commissioners of the county shall be “ a body corporate and politic, by the name and style of ‘Board of Commissioners of the county of-,’ and as such, and in such name, may prosecute and defend suits,” &c. 1 G. & H. 248. The statute does not authorize the county to sue in any other form, nor does it empower the auditor to sue in the name of the county, or as such auditor, except in the…