Loomis v. Brown County

Citations

• 15 S.D. 606
• 91 N.W. 309
• 1902 S.D. LEXIS 57

Syllabus

<p>1. Where a county has no liquor prosecution fund, authorized by Laws 1890, Chap. 101, § 12, requiring all moneys collected in liquor prosecutions to be paid into the county treasury and kept as a liquor ■ prosecution fund, and authorizing the county attorney to draw warrants thereon for expenses actually and necessarily incurred in securing testimony in enforcing the act, the county is not liable on warrants so drawn; the county attorney - having no authority to draw such warrants.</p> <p>2. An assignee of a county warrant is in no better position in enforcing payment against the county than the original holder.</p>