#### BOARD OF COMM’RS OF HENDERSON COUNTY v. BOARD OF COMM’RS OF RUTHERFORD COUNTY.

Actions against a Board of County Commissioners, must be brought to the Superior Court of the County wherein those Commissioners reside.

{Steele v. Commissioners of Rutherford Couatnj, ante 137, cited and approved.)

Civil actioN, an application for a mandamus, heard 8th September, 1873, before Henry, J., at Chambers, in HeNDEb-SON county.

The plaintiff, alleging that the Commissioners of Rutherford county owe the Commissioners of Henderson $2,371.66., apply for a mandamus to compel its payment.

Defendants demur for want of jurisdiction. His Honor sustaining the demurrer, dismissed the complaint, whereupon plaintiffs appealed.

J. H. Merrimon, for the appellant.

Carson, and J. O, L. Harris, contra.

Reads, J.

The question in this case is -the sameas in Steele v. Commissioners of Rutherford County, ante 137, at this term, and the decision is the same, and for the same reason. The Board of Commissioners of a county must be sued in the county of which they are Commissioners.

There is no error.

Per Curiam:. Judgment affirmed.