Legal Opinion

Peterson v. County of Koochiching

Supreme Court of Minnesota

Decided June 23, 1916No. Nos. 19,835—(213)PublishedCited by 8 opinions

Action in the district court for Koochiching county to recover $808.10 for legal services and expenses. The answer admitted that plaintiff rendered services of the value alleged in the complaint, but alleged that they were rendered in a criminal prosecution, and specificially denied that plaintiff was ever employed by defendant. The casé was tried before Stanton, J., who made findings and ordered judgment against defendant for the amount demanded.

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Action in the district court for Koochiching county to recover $808.10 for legal services and expenses. The answer admitted that plaintiff rendered services of the value alleged in the complaint, but alleged that they were rendered in a criminal prosecution, and specificially denied that plaintiff was ever employed by defendant. The casé was tried before Stanton, J., who made findings and ordered judgment against defendant for the amount demanded. From the judgment entered pursuant to the order for judgment, defendant appealed.

1Opinion of the CourtHallam, J.

Plaintiff rendered services in the prosecution of a criminal case in Koochiching county. He sues the county for the value of his services. The trial court found for plaintiff and defendant appealed.

No question is raised as to the amount of the judgment if plaintiff is entitled to recover at all. The contention is that plaintiff is not entitled to recover any amount.

The statpte [G. S. 1913, § 970] provides:

“When there is no county attorney, the county board may employ any competent attorney to perform such legal services for the county as may be necessary. Such board may also employ an…

2Cases cited2 opinions

  1. Schmidt v. County of StearnsSupreme Court of Minnesota · 1885
  2. State ex rel. Trebby v. VasalySupreme Court of Minnesota · 1906

3Cited by8 opinions

  1. Township of Normania v. County of Yellow MedicineSupreme Court of Minnesota · 1939
  2. Tracy Cement Tile Co. v. City of TracySupreme Court of Minnesota · 1919
  3. Edwards v. MettlerSupreme Court of Minnesota · 1964
  4. Reed v. Township of MonticelloSupreme Court of Minnesota · 1925
  5. Graham v. Crow Wing County Board of CommissionersCourt of Appeals of Minnesota · 1994

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