French v. County of Lewis and Clark

The plaintiff, George French, brought -action against Lewis and Clark county for the recovery of $1,912, alleged to be due him for the construction of a county road. Defendant interposed a general demurrer to his complaint, which was sustained, and, plaintiff refusing to further plead, judgment of dismissal was duly entered. From this judgment plaintiff has appealed.

For the purpose of determining the sufficiency of the complaint all facts alleged must be deemed true, and the only question for determination is whether or not, on those facts, liability on the part of the county is shown.…