Metcalf v. Little, County Judge

Opinion op the Court by

Chiep Justice Clay—

Affirming in part and reversing in part.

Claud Metcalf brought this suit ag’ainst the county judge and other members of the fiscal court of Clay county to recover damag'es for land taken for highway purposes. A demurrer having been sustained to the petition, an amendment was filed, making Clay county a party. The defendants again interposed a demurrer, which was sustained, and the petition, as amended, was dismissed. Plaintiff appeals.

Briefly stated, the facts alleged in the petition are these: Project No. 30 of the primary system of highways runs from…