Board of Commissioners of Fountain County v. Marr

Decision Date27 June 1899
Docket Number2,706
Citation54 N.E. 402,22 Ind.App. 539
PartiesBOARD OF COMMISSIONERS OF FOUNTAIN COUNTY v. MARR
CourtIndiana Appellate Court

From the Fountain Circuit Court.

Affirmed.

D. W Simms and L. Nebeker, for appellant.

C. M McCabe, for appellee.

OPINION

BLACK, J.

In an action brought by the appellee against the appellant the court rendered a special finding, in which it appears that the appellee was duly appointed as truant officer for a specified district in Fountain county on the 28th of August 1897, and he accepted the office, and entered upon the discharge of the duties thereof; that the public schools in a certain city in his district commenced on the 6th of September, 1897, and the schools in the township in his district commenced on the 18th and 27th of the same month; that in the discharge of the duties of his office, and upon the report of the teachers of the public schools of his district, the appellee visited the families of certain persons residing in the district, who were the custodians, as parents or guardians, of school children within the district, and urged their attendance, and made reports of his duties to the county superintendent and the superintendent of the city schools of said city; that in the discharge of these duties he was occupied sixty-nine days in actual service prior to December 1, 1897, the day on which he filed his claim involved in this suit; that at the date last mentioned more than three months of the current school year, both in the city schools, and in the township schools under his supervision, yet remained to be held and taught; and that said schools would continue during the current year more than three months from the date of the filing of his claim. It was found that he had received from the county $ 80 upon his claim for said services. The court concluded that he was entitled to the additional sum of $ 58.

The statute under which appellee held his office provided that such officers should receive from the county treasury $ 2 for each day of actual service (Acts of 1897, p. 248-250, section 4, section 4541d Horner 1897), and there is no dispute before us as to the amount awarded, if the appellee was entitled to recover any amount; but it is contended that the duties of the truant officer did not and could not begin until the commencement of the last twelve weeks of the current school year, and that in no event could he properly charge for services for a greater number of days than...

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