Board of Commissioners v. Axtell

Best, C.

The appellee filed a claim against the áppellant for the use of an office for the county superintendent.

*385The second paragraph of the appellant’s answer averred, in substance, that the appellee was the county superintendent and in the discharge of his duties he used his own office; that this was done without any contract whatever with the appellant, and that the claim filed was for the use of such office under such circumstances. A demurrer to this paragraph was sustained, and this ruling is assigned as error.

This paragraph constituted, as it seems to us, a complete •defence to the…