Winkler v. Board of County Commissioners

Upon'a similar state of facts, the questions of law involved in this case were discussed by this court in the case of Stevens v. Miami County (ante, p. 438, 49 Pac. Rep. 798).

In this case the record presents a jurisdictional question not raised by either party. On May 20, 1893, J. N. Winkler presented to the Board of County Commissioners of Miami County a bill for ninety-six dollars. On the thirteenth day of April, 1893, payment was refused. An appeal was taken to the District Court, where the plaintiff filed a petition wherein he asked judgment for $144. Upon the trial of the case in the…