Withers v. Root

The opinion of the court was delivered by

Wedell, J.:

This was an action by an heir against the county treasurer and probate judge of Linn county, in their official capacity, *823for the recovery of a distributive share of his father’s estate paid over to a former county treasurer by order of a former probate judge. No judgment was rendered against the probate judge. No personal judgment was rendered against Hightower, the county treasurer. A judgment in effect against Linn county was, however, rendered. It reads:

“5. That C. A. Hightower, as treasurer of Linn county, Kansas, is hereby and at this…