Elkins v. Board of County Commissioners

The opinion of the court was delivered by

Mason, J.:

The board of county commissioners of Wyandotte county offered a reward for the “arrest and conviction” of the person who had committed a murder. *519J. W. Elkins brought action against the county for the amount, asserting that he had met the conditions. H. T. Zimmer set up a conflicting claim, which he sought to enforce by interpleading. The county admitted its liability to one or the other of the claimants. Upon a trial the court sustained a demurrer to the evidence of Elkins and rendered judgment for Zijjimer, which was reversed on appeal.…