Board of Commissioners of Dixon County v. Barnes

• Decision Date: 12 October 1882
• Citation: 13 N.W. 623,13 Neb. 294
• Parties: BOARD OF COMMISSIONERS OF DIXON COUNTY, PLAINTIFF IN ERROR, v. JOHN B. BARNES, DEFENDANT IN ERROR
• Court: Nebraska Supreme Court

13 N.W. 623

13 Neb. 294

BOARD OF COMMISSIONERS OF DIXON COUNTY, PLAINTIFF IN ERROR, v. JOHN B. BARNES, DEFENDANT IN ERROR

Supreme Court of Nebraska

October 12, 1882

ERROR to the district court for Dixon county. Tried there before Isaac Powers, Jr., referee.

Judgment of district court reversed, and the cause dismissed.

J. J McAllister, for plaintiff in error.

Gantt & Norris, for defendant in error.

OPINION

BY THE COURT

In July, 1880, the defendant in error commenced an action against the plaintiff before a justice of the peace of Dixon county to recover the sum of $ 50, with interest from January, 1879, "for services as attorney for said commissioners in the case of Gaugurve." A summons was issued and served and judgment rendered against the county for the sum of $ 50.70. The case was taken on error to the district court, where the judgment was affirmed.

The only question for the determination of this court is, had the justice jurisdiction? In other words, can a party having a claim against a county refuse to file the same with the county commissioners for allowance, but bring an action directly thereon? The question depends upon the construction to be given sec. 37 of an act concerning counties and county officers approved Feb., 1879, which reads as follows "Before any claim against a county is audited and allowed, the claimant or his agent shall verify the same by his affidavit, stating that the several items therein mentioned are just and true, and the services charged therein, or articles furnished as the case may be, were rendered or furnished as therein charged, and that the amount allowed is due and unpaid after allowing all past credits. All claims against the county must be filed with the county clerk, and when the claim of any person against a county is disallowed in whole or in part by the county board such person may appeal from the action of said board to the district court of same county, etc." There is also a provision that a taxpayer may appeal.

It is very clear from an examination of the statute that the legislature intended all claims against the county to be submitted to the county commissioners for examination and allowance. The object doubtless was to prevent counties being subjected to costs and to guard the right of taxpayers against judgments rendered upon questionable claims through the neglect or collusion of those having the charge of county affairs. The statute...