City of Mound City v. Snoddy

• Decision Date: 10 March 1894
• Citation: 35 P. 1112,53 Kan. 126
• Parties: CITY OF MOUND CITY v. SNODDY.
• Court: Kansas Supreme Court

35 P. 1112

53 Kan. 126

CITY OF MOUND CITY v. SNODDY.

Supreme Court of Kansas

March 10, 1894

Syllabus

A mayor of a city, by virtue of his office alone, cannot employ an attorney, and create a liability against the city for the services of such attorney; but if such employment is made and an action is begun in the name of the city, and the city council has knowledge of the institution and pendency of the suit, and allows the attorney to proceed with the litigation for a considerable time without protest or repudiation, and afterwards acquiesces in and accepts the fruits of the service, it will operate as a ratification of the employment and render the city liable for the value of the services.

Error from district court, Linn county; J. S. West, Judge.

Action by James D. Snoddy against the city of Mound City to recover for services rendered. There was judgment for plaintiff, and defendant brings error. Affirmed.

R. F. Wilbur, for plaintiff in error.

James D. Snoddy, in pro. per.

OPINION

JOHNSTON, J.

This was an action by James D. Snoddy to recover from Mound City for legal services rendered in behalf of that municipality. The city had voted and issued waterworks bonds to the amount of $12,000, and had placed them in the hands of a broker in Kansas City for sale, who advanced to the city $2,500 upon them. He did not succeed, and the city constituted J. H. Trego as its agent to negotiate the sale of the bonds, and directed that Robert Kincaid should forthwith go to Kansas City, and obtain the bonds, and deliver them to Trego. In accordance with this direction, Kincaid went to Kansas City, taking with him a sufficient amount of money, given him by Trego, to pay the amount which the broker in Kansas City had advanced upon the bonds. Having paid the claim of the Kansas City broker, he obtained the bonds, and returned with them to Mound City; but, instead of turning them over to Trego, they were deposited in the Citizens’ Bank, of which Robert Kincaid and Harlan Underhill were officers. Learning that the bonds had been returned, and not delivered to Trego, in accordance with directions, the mayor of Mound City and its agent demanded the possession of the bonds, but the demand was refused. The mayor and Trego employed Snoddy as an attorney to obtain possession of the bonds, and at once he instituted an action in replevin, in which the city of Mound City and J. H. Trego were made plaintiffs, and the Citizens’ Bank, Robert Kincaid, and Harlan Underhill were made defendants. The action was begun on February 20, 1888, and judgment was given against the defendants therein at the succeeding April term of the court. The city contended that Snoddy was not legally employed, that he rendered no substantial services to the city, and that there has been no ratification of his employment. The jury found the issues in favor of Snoddy, and awarded him $200 as compensation for the services which he rendered.

The...