Eison v. Shirley

(After stating the foregoing facts.)

The answer to the petition as amended was sufficient to withstand the general and special demurrers, and the court did not err in overruling them.

The verdict was authorized by the evidence. The defense, as made by the answer and the evidence, was in substance the following: The warrant issued by the former ordinary in favor of the plaintiffs, who sought by mandamus to compel the present ordinary to levy a tax for the purpose of paying off the warrant, was a legal fraud on Milton County, and the former ordinary and the plaintiffs had conspired to and did…