Ehlinger v. Clark

This suit was instituted by Fayette County, through its county judge, against I. E. Clark, to recover the amount due upon two notes, each for the sum of $2000.00, executed by the defendant in error in favor of John P. Ehlinger, County Judge of Fayette County. The defense was that the Commissioners’ Court of Fayette County was forbidden by law to enter into the contract and agreement out of which the notes arose, and that the notes were therefore illegal and void. Upon trial before the court without a jury, the defense was sustained, and recovery on the notes denied. The county appealed the…