John Deere Plow Co. v. County of Phillips

A careful consideration of the record and the authorities impels me to dissent from the conclusion reached by a majority of my brethren.

The facts distinguish this case from Board of County Commissioners v. Churning, 4 Colo. App. 321, 35 Pac. 918, *198cited in the majority opinion. The present action was brought against “The County of Phillips, State of Colorado; Ray E. Crosby, as County Treasurer of Phillips County, State of Colorado, and S. J. Meakins, John Sandquist and R. Claymon, as County Commissioners of the County of Phillips and State of Colorado.” An answer on the merits was filed. It…