Board of Councilmen of City of Frankfort v. Rice

OPINION OP THE COUBT BY

STANLEY, COMMISSIONER

Affirming.

For want of jurisdiction, a special demurrer was sustained to the petition of the board of councilmen of the city of Frankfort, appellant herein, and, it having declined to plead further, the petition was dismissed. The suit was filed against the appellee L. D. Rice, city marshal, and the .surety on his official bond, to. recover $4,067.99 on account of his failure to return a number of writs of capias pro fine issued by the police court of Frankfort and placed in his hands for execution-. The petition sets up the Statutes, sections 3341…