Board of Commissioners of Huntington Co. v. Heaston

On Petition for Rehearing.

Jordan, J.

We have carefully considered the reasons urged by the appellee for a rehearing in this appeal, but we are still of the opinion that a correct result was reached in the former hearing. It must be remembered that the complaint to which appellee’s second paragraph of answer was addressed alleged that the latter, in addition to his salary as county auditor, did, under the color of his office, illegally tax and charge the fees in controversy, and in violation of law demanded and received the money from the county. These alleged facts the answer admitted, but…