Benson v. Hardin County

This action was instituted before a justice of the peace by a warrant which recites:

‘ ‘ This debt arises out of the obligation of Hardin County to pay said Benson for operating a school bus in delivering children to and from the school in said county under contract with the Hardin County Board of Education for the scholastic years of 1936-7 and 1937-8.”

The magistrate entered a judgment in favor of plaintiff for $490. The county appealed to the circuit court where a demurrer was interposed by the county and sustained, the ground thereof being that plaintiff’s cause of action was against the…