Cleary v. County of Eddy
North Dakota Supreme Court
PPEAL from district court, Eddy county; Hon. Roderick Rose, Judge. Proceeding by Joseph Oleary against the county of Eddy to recover for his office rent and for fuel consumed by him while officer of defendant. Judgment for defendant. Plaintiff appeals. The action was properly commenced.
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PPEAL from district court, Eddy county; Hon. Roderick Rose, Judge. Proceeding by Joseph Oleary against the county of Eddy to recover for his office rent and for fuel consumed by him while officer of defendant. Judgment for defendant. Plaintiff appeals. The action was properly commenced. Townsley v. County of’ Ozaukee, 18 N. "W. Rep. 840; "Waldo v. Manitowoc County, 11 N. W. Rep. 252; Compiled Laws, §§ 610-614. Under a statute where it is not made the duty of a county to provide an office, the court has compelled the county to pay for the same. McCalmont v. County of Alleghany, 29 Pa. St. 417.…
1Opinion of the Court
The opinion of the court was delivered by
Corliss, C. J.
This controversy reached the district court for trial by an appeal from the decision of the board of county commissioners of Eddy county rejecting the plaintiff’s claim. *399This appeal was taken and heard pursuant to the provisions of §§ 610-614 of the Compiled Laws. The issues were tried before the court without a jury, and the only question to be here considered is whether the findings of fact sustain the conclusions of law. The trial court affirmed the action of the' county board in rejecting the claim. The court found that between the…
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