Mathews v. Board of County Commissioners
Supreme Court of Minnesota
Action in'the district court for Lincoln county to recover from said county $i,ooo for professional services rendered by plaintiff as special attorney for the county in the prosecution of a criminal action. From an order, Webber, J., overruling a demurrer to the complaint, defendant appealed.
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Action in'the district court for Lincoln county to recover from said county $i,ooo for professional services rendered by plaintiff as special attorney for the county in the prosecution of a criminal action. From an order, Webber, J., overruling a demurrer to the complaint, defendant appealed. There is no express provision of law upon which plaintiff can base a claim against the county for compensation for services alleged to have been rendered and the mere fact that he was required to perform the said services does not furnish the basis of an implied contract of the county to pay for the…
1Opinion of the CourtLovely, J.
Order overruling demurrer to a complaint upon the ground that it does not state facts sufficient to constitute a cause of action. Defendant appeals.
It appears from the challenged pleading that a charge was made against one Warren in Lincoln county, for the crime of murder. At the October term, 1899, of the district court, it was formally represented to the presiding judge that the regular county attorney was disqualified to participate in the prosecution of the accused. The court, having found this to be the fact, appointed plaintiff, an attorney of the court, to assume the management of the…
2Cases cited1 opinion
- State v. BorgstromSupreme Court of Minnesota · 1897
3Cited by5 opinions
- Arnold v. StateWyoming Supreme Court · 1957
- State v. RonkSupreme Court of Minnesota · 1904
- State v. MorehartSupreme Court of Minnesota · 1921
- Johnston v. Board of Com'rs of Murray CountySupreme Court of Oklahoma · 1916
- Laughery v. County of WayneMichigan Supreme Court · 1943