65 Neb. 356 | Neb. | 1902
This is an action brought by William M. Peebler, who was county judge of Nuckolls county, against the county of Nuckolls, to recover the sum of $32.05, alleged to be due him for services performed in and about the appointment of. judges and clerks of election for the year 1898. The claim was filed before the county commissioners by Peebler, duly verified, and set out certain items claimed to be due for services rendered. The claim filed was in the following language:
“To Wm. M. Peebler, County Judge; 1898, Oct. 12, To 95 certificates to clerks and judges of election at 25 cents each, $22.50; To 19 certificates to the county clerk of appointment of clerks and judges of election at 25 cents each, $4.75; To filing 48 certificates of nominations of clerks and judges of election at 10 cents each, $4.80; total, $32.05.”
This claim was wholly disallowed by the county board, from which an appeal was duly prosecuted by defendant in error to the district court, where a petition was filed setting up that he was the county judge, and had performed the services alleged, and presented the same claim upon which action was taken by the county board. _ To this petition a general demurrer was interposed by the county, which was by the district court overruled; the county electing to stand upon its demurrer. A judgment was entered in favor of Peebler for the full amount claimed by him, and from this judgment the county prosecutes error to this court.
It is not claimed by defendant in error that the statute, in express language, authorizes the allowance to the
The judgment of the trial court in overruling the demurrer is wrong, and it is therefore recommended that the same be reversed, and the cause dismissed.
By the Court: For the reasons stated in the foregoing opinion, the judgment of the district court is reversed, and the cause dismissed.
Reversed and dismissed.