Black v. Davenport

Opinion op the Court by

Judge Sampson

Reversing.

Appellant, R. L. Black, is county attorney of Mercer county, and appellee, J. W. Davenport, is judge of the Mercer county court. The other appellees and defendants are members of the Mercer fiscal court. County attorney Black asked the fiscal court for authority to institute an action against county judge Davenport to recover $658.02, alleged to have been obtained by Judge Davenport from the county treasurer out of the funds of the county and wrongfully and illegally applied to purposes of his own. The fiscal court refused to grant the county…