Cunningham v. Board of County Commissioners

The opinion of the court was delivered by

Harvey, J.:

This is an action by parents for the death of their son from injuries received in an automobile accident which occurred on the county road, on the county line between Rice county and McPherson county. The action was filed in Rice county; the boards of county commissioners of both counties were made defendants. The board of county commissioners of McPherson county appeared specially and moved to set aside the service on the ground it could not properly be sued in Rice county. This motion was sustained. The board of county commissioners of…