Show I V In Favor of Eiiierj Count The other opinion was In the case of I Emery county appellant vs P C Bur res en C P Anderson F A IClllpack and C E Kofford The opinion which was delivered by Justice Miner and con ant furred 1 In by Chief Justice Zane and Justice Bartch set asIde the judgment of he lower court and ordertd a new trial The defendant Killpack brought suit In a justices court to recover from Emery county i575 for fees earned as justice of the peace Judgment was rendered for the plaintiff for the amount and costs amounting In all to 35250 Execution was issued and property belonging tome to-me county sold to satisfy the judgment Emery county then sued the defendants for unlawful conversion of Hs nroperty by the sale under execution and claimed t l ea endYu dr a 321 damages Judgment was rendered tar the defendants Burresen sheriff teen fceB dererf fce jfyjderson the justice who rendered the original judgment Killpack who brought tHe original suit and Kortord the attorney I at-torney who advised Its being brought Emery county then took the appeal from the judgment The qcestlon Involved in the appeal was I teh aEre egr whether or not the property of Emery county Is liable to be levied upon and I sold upon execution in satisfaction of a judgment Emery county being one of I the political divisions of the state The opinion held that the property was not so subject to execution and that a I J tyangaJh judgment against the county had only I the same effect as an audited claim which rendered such cligI no longer I opento contest but on which execution could not be levied hence the judgment I of the court below was reversed |