State v. Messner

Bartholomew, -C. J.

This action was brought in the name of the state, and by the state’s attorney of Cass county, against the defendant, a road overseer of the'Town of 'Durbin,' in said county, to recover the penalty of $50, as specified in section 1886, Rev. Codes, by reason of the failure of the defendant to destroy noxious weeds as provided by sections 1683-1686, Rev. Codes. The defendant demurred to the complaint upon two grounds. The first, and only one that we shall consider, raised the question of the plaintiff’s capacity to sue. From an order overruling the demurrer, the defendant…