Floyd County v. Nichols

Wyatt, Justice.

In this case the answer of the county by way of cross-bill sought a judgment against Nichols for amounts alleged to have been improperly collected by him. We have held in case No. 15641 that the facts pleaded could be urged as a defense to the mandamus proceeding, but could not be the basis of a judgment against Nichols in the mandamus proceeding. All questions raised by the main bill of exceptions in this case are controlled by the ruling made in Walden v. Nichols, ante 568.

The only question raised by the cross-bill of exceptions is whether or not Eloyd County was a proper…