Simpson County v. Kelly

Lem Kelly, appellee, filed a declaration against Simpson county, “through its Board of Supervisors,” for one thousand six hundred sixty dollars as damages for personal injuries received by him, which were occasioned by the negligence of its officers and agents in repairing a bridge.

Simpson county, appellant, filed a demurrer to this declaration, which was overruled, and the court granted the county time in which to plead. Instead of pleading, the county appealed from the order overruling the demurrer to this court, where the appeal was dismissed. Thereupon the county sought to file further…