Durland v. Prickett

Plaintiff, the duly elected, qualified and acting surveyor of Yellowstone county, brought this action against two members of the board of county commissioners and their bondsmen, to recover damages claimed to have been sustained as a result of the defendant commissioners hiring other surveyors to perform services which, it is alleged, were a part of the lawful duties of the plaintiff.

The complaint is in six counts. A general demurrer, challenging the sufficiency of each count, was filed. The trial court sustained the demurrer to the first, fifth and sixth counts, and overruled it as to the…