McCracken County v. Lakeview Country Club

Opinion of the Court by

Judge Perry

Reversing.

This appeal, prosecuted by McCracken county, challenges the propriety of the lower court’s ruling in sus7 taining appellee’s demurrer to its petition and dismissing it, upon its declining to plead further.

In June, 1933, the appellant, as plaintiff below, filed its petition and amended petition in the McCracken circuit court, wherein it sought recovery of some $9,330 of its county funds, which had been by its treasurer, J. C. TJtterback, wrongfully converted and applied as a pay.ment made to the appellee Louisville Title Company upon certain bonds,…