Davis v. Johnson

Townsend and Nichols, JJ.,

dissenting. 1. We dissent from the majority opinion, for the reason that we think the first three counts of the petition set out a cause of action against the Mayor of Thomson individually as against general demurrer. We disagree with the opinion, insofar as the first three counts are concerned, in that it appears to rely upon City of Thomson v. Davis ante, p. 216, as authority for the proposition that no cause of action is stated against Johnson, Mayor, as an individual. City of Thomson v. Davis was an action against a city in the exercise of a governmental function…