Malmberg v. County of Hennepin

Taxpayer’s action for an injunction restraining the county commissioners of Hennepin county from appointing a county highway engineer. The plaintiff appeals from the order sustaining a demurrer to the complaint.

The general highway law is chapter 323, p. 406, Laws 1921. Section 29 provides that “the county board of each county shall appoint and employ as hereinafter provided, and may remove, a county highway engineer who shall have charge of the highway work of the county,” etc. The county board fixes his salary. He is selected from a list of highway engineers or road builders submitted by the…