Evans v. Hughes County

Kellam, J.,

(dissenting.) I dissent upon the same general grounds stated in my opinion in Andrews v. Wynn, 54 N. W. Rep. 1047. It seems to me that the views there expressed apply with peculiar force to this case. The action was brought upon a written instrument, and to recover money paid thereon, on the ground that the law under which defendant’s board of commissioners assumed to act in making the written instrument was invalid, and that, there being no authority to make it plaintiff was entitled to recover the money paid for it. Upon demurrer to the complaint it was held both by the court…