Stephens v. Comm'rs of Jefferson County
Supreme Court of Kansas
Error from Jefferson District Court. The facts are fully stated in the opinion of the court, infra. The district court, at the May Term 1873, held that the plaintiffs were not entitled to recover anything for the services rendered by them, and gave judgment in favor of the defendants for costs. The plaintiffs bring the case here on error.
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Error from Jefferson District Court. The facts are fully stated in the opinion of the court, infra. The district court, at the May Term 1873, held that the plaintiffs were not entitled to recover anything for the services rendered by them, and gave judgment in favor of the defendants for costs. The plaintiffs bring the case here on error. Sections 136 and 138 of ch. 25, Gen. Stat., define the duties of the county attorney, and by neither of them is it incumbent upon him to defend the county commissioners when sued outside of the county. Was it the duty of the county board to defend itself…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action brought by the plaintiffs in error, Thacher & Stephens, against the defendants in error, the board of county commissioners of the county of Jefferson, for services rendered by plaintiffs in error as attorneys and counselors-at-law. It appears from the record that one H. Gr. Turner commenced an action of mandamus in the supreme court of the state of Kansas against H. S. Walsh, J. D. Eollins, and Henry Ogle, the board of county commissioners of said county of Jefferson, to compel said board to submit to the qualified…
2Cases cited4 opinions
- People Ex Rel. A. Oakey Hall v. Board of SupervisorsNew York Court of Appeals · 1865
- Turner v. Comm'rs of Jefferson CountySupreme Court of Kansas · 1872
- Gillespie v. BroasNew York Supreme Court · 1856
- Commissioners of Jackson County v. CraftSupreme Court of Kansas · 1870
3Cited by14 opinions
- Briggs v. EgganSupreme Court of Kansas · 1877
- Myers v. Board of County CommissionersSupreme Court of Kansas · 1899
- Board of County Commissioners v. JonesSupreme Court of Oklahoma · 1896
- Territory v. ScullyHawaii Supreme Court · 1915
- City of Topeka v. RitchieSupreme Court of Kansas · 1919
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