Lear v. Brown County
Lear v. Brown County
Opinion of the Court
Appellee, Lear, an attorney at law, filed his claim against the county of Brown, and from a decision of the county board an appeal was taken to the district court, where he alleged in his petition, among other things, “that on the -day of-, 1903, one Fred M. Hans ivas indicted for the crime of murder in the district court for Brown county, Nebraska, and that thereafter this plaintiff was duly appointed by the district court for Brown county, Nebraska, to aid and assist the county attorney of said county in the trial,.preparation and prosecution of the said Fred M. Hans upon said charge, and that he assisted in the prosecution of said cause and in a second trial of Fred M. Hans for murder in the year 1905; that, prior to filing said claim, the judges of said court before whom said cause was tried duly certified that said services were rendered by plaintiff, and such certificate was duly presented to the said county board with said claim.” The county demurred to this petition, and upon the demurrer being overruled elected to stand thereon. Judgment was rendered for appellee, and the county appeals, assigning as error the overruling of the demurrer to the petition.
We therefore recommend that the judgment of the district court be affirmed.
By the Court: For the reasons stated in the foregoing opinion, the judgment of the district court is
Affirmed.
Reference
- Full Case Name
- Charles E. Lear v. Brown County
- Status
- Published