Legal Opinion

Paulson v. County

North Dakota Supreme Court

Decided July 24, 1912PublishedCited by 6 opinions

Appeal by defendant from an ordér of. the County Court for Ward County; N. Davis, J., overruling a demurrer to the complaint in an action brought to recover for professional services for the support of the poor of Ward County. - Where a claim against the county is presented to the Board of Supervisors and they allow a part of it and reject the rest, a claimant accepting the portion allowed, knowing that the rest has been rejected, cannot recover in an action, the portion…

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Appeal by defendant from an ordér of. the County Court for Ward County; N. Davis, J., overruling a demurrer to the complaint in an action brought to recover for professional services for the support of the poor of Ward County. - Where a claim against the county is presented to the Board of Supervisors and they allow a part of it and reject the rest, a claimant accepting the portion allowed, knowing that the rest has been rejected, cannot recover in an action, the portion rejected. Brick v. Plymouth County, 63 Iowa, 462, 19 N. W. 304; Cleveland County v. Seawell, 3 Okla. 281, 41 Pac. 592;…

1Opinion of the CourtGoss, J.

This actipn is brought by a physician to recover for professional services and supplies furnished by him for the support of the poor of Ward county. The complaint recites the performance of services and the furnishing of supplies of the total reasonable value of $750, and that “bills in due form or law, duly verified and approved by a commissioner of the board as aforesaid, were presented to the board of county commissioners of Ward'county for their consideration; and after mutilating said bills said board of county commissioners' allowed the plaintiff herein the sum of $265, and no more.…

2Cases cited16 opinions

  1. Yavapai County v. O'NeillArizona Supreme Court · 1892
  2. United States v. AdamsSupreme Court of the United States · 1869
  3. Board of County Commissioners v. SeawellSupreme Court of Oklahoma · 1895
  4. Bowman v. Ogden CityUtah Supreme Court · 1908
  5. Perry v. Village of CheboyganMichigan Supreme Court · 1884

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3Cited by6 opinions

  1. Chas. L. Harney, Inc. v. State of CaliforniaCalifornia Court of Appeal · 1963
  2. Hochstetler v. GraberNorth Dakota Supreme Court · 1951
  3. Board of Education v. Board of EducationAppellate Court of Illinois · 1934
  4. Etzold v. Board of CommissionersIndiana Court of Appeals · 1924
  5. Stenehjem, ex rel. v. National Audubon Society, Inc.North Dakota Supreme Court · 2014

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