Brockway v. Wagner

The opinion of the court was delivered by

Hutchison, J.:

This is an action to recover from Trego county and W. H. Wagner, former county attorney of that county, the sum of $933 for money had and received from plaintiff, procured from *286him illegally and by duress, in the way of fines and costs paid by him in order to be relieved from imprisonment in the county jail of Trego county, which fines, costs and imprisonment were imposed by the county court of that county, and which, it is alleged, had no jurisdiction in the premises. The trial court overruled the demurrer of the defendants to the…