County of Stark v. County of Henry

Appellant, the county of Stark, brought suit in the circuit court of Henry county to recover, under section 36 of the Road and Bridge act, a proportionate share of the cost of a bridge on a public highway in Stark county. Appellee pleaded the general issue, and the parties stipulated that under that plea appellee might offer any and all evidence material to any defense which it might have, the same as if such defense had been properly pleaded. The cause was heard by the court without a jury, upon a stipulation of facts. Propositions of law were submitted by both parties, and the court held…