Page:North Dakota Reports (vol. 2).pdf/423

 Northern Pacific Railroad Company, Plaintiff and Appellant, v. Daniel P. Tressler, County Treasurer of Mercer County, Defendant and Respondent.

APPEAL from district court, Morton county; Hon. Roderick Rose, Judge.

W. F. Ball and John S. Watson, for appellant. E. C. Rice, for respondent.

The opinion of the court was delivered by

, J. Following the case of Railroad Co. v. Barnes, ante (decided at this term), the judgment of the district court is reversed and a new trial ordered.

, J., concurs. , C. J., dissents.

and, JJ., having been of counsel, did not sit on the hearing of the above-entitled action, nor take any part in the opinion; Judge , of the sixth judicial district, and Judge , of the third judicial district, sitting by request in their places.

Joseph Cleary, Plaintiff and Appellant, v. The County of Eddy, Defendant and Respondent.

Public Officers—Office Rental—Liability of County.

A public official cannot, on refusal of the board of county commissioners to provide office room for him, rent an office and bind the county for the rent; nor is the county liable to him for the rent he pays. His remedy is to compel by mandamus the board to furnish him with an office.

APPEAL from district court, Eddy county; Hon. Roderick Rose, Judge.

Joseph Cleary (Fredrus Baldwin, of counsel), for appellant. Edgar W. Camp and J. F. Keime, for respondent.