Clarke v. School Dist. No. 16

• Decision Date: 09 December 1907
• Citation: 106 S.W. 677
• Parties: CLARKE v. SCHOOL DIST. NO. 16 et al.
• Court: Arkansas Supreme Court

106 S.W. 677

CLARKE v. SCHOOL DIST. NO. 16 et al.

Supreme Court of Arkansas.

December 9, 1907.

Appeal from Circuit Court, Clark County; J. M. Carter, Judge.

Action by school district No. 16 of Clark county and another against George W. Clarke to recover from defendant $90 and interest alleged to have been paid to defendant by plaintiff Benjamin Bussell, treasurer of said county, on six school warrants issued to Clarke while he was one of the school directors of such district. The complaint charged that defendant Clarke drew from the county school funds of the district on warrants presented to the treasurer and signed by the directors of the school district the sum of $90, on annual warrants of $15 each, for services rendered by him as clerk of the school district while defendant Clarke was one of the directors thereof; that such warrants were issued without authority of law, and that the sum of $90 had been drawn by Clarke unlawfully and without authority. The case originated in the justice court, and no demurrer or answer was filed until it reached the circuit court, where defendant filed a demurrer, alleging that the complaint did not state facts sufficient to constitute a cause of action, that there was a misjoinder of parties, and that the complaint on its face shows that the claim was barred by limitations. The demurrer was overruled, whereupon defendant answered, admitting that, while one of the directors of the school district, he accepted warrants for $15 annually, beginning October 26, 1899, and extending up to and including April 24, 1905, for services rendered as clerk of the board of directors, that his services were reasonably worth such sum, and that the amount was paid and allowed with the full knowledge of the board and the consent of the patrons of the district in accordance with a custom of the district to pay like sums for similar services. Defendant on demand failed to refund any part of such sum at the request of the county treasurer, where-upon the latter repaid the amount so drawn into the county treasury, in order to have his account as treasurer approved by the county commissioners. From a judgment for plaintiffs, defendant appeals. Reversed in part.

G. R. Haynie, for appellant. J. E. Bradley and Hardage & Wilson, for appellees.

WOOD, J.

The questions presented by this appeal are: (1) Can the directors of a common school district employ one of their number as clerk of the board at a salary of $15, payable out of the school fund? (2) If the sums are illegally paid, can the treasurers of the county who pays warrants drawn for such amounts recover same back from the person to whom the sums were paid? (3) Does the statute of limitations run against the treasurer, Bussell, or the school district to recover the funds? Was the district a proper party?

Answering these in the order named:

(1) We find no statute authorizing the directors of a common school district to employ one of their number as clerk and to...