Leslie County v. Keith

• Decision Date: 05 February 1929
• Parties: Leslie County v. Keith.
• Court: United States State Supreme Court — District of Kentucky

227 Ky. 663

Leslie County v. Keith.

Court of Appeals of Kentucky.

Decided February 5, 1929.

1. Counties. — County governments never become indebted by implication, and county is not liable for claim, in absence of showing that there was a legal obligation to pay it.

2. Counties. — Fiscal court of county can only act as a body when it is in session for the purpose of taking action, and can speak only through its orders, and person dealing with the court must look to its orders, and not to the oral expressions of the individual members of the court.

3. Counties. — Every person who deals with a county must take notice of the law, and must know the extent of the authority of the county in contracting with him.

4. Counties. — The express provisions of statute must be followed as to the manner of county's contract, persons by whom it is executed, and the purposes for which it is drawn.

5. Counties. — Custom of members of county fiscal court, individually, to direct physicians to render medical assistance to poor, does not dispense with requirement of order of court for that purpose, to enable physician to recover compensation, under Ky. Stats., sec. 1840.

6. Counties. — Physician, rendering medical services to poor of county, held not entitled to recover compensation from county on mere showing that individual members of court directed him to render the services, where there was no proof of order of fiscal court to that effect, under Ky. Stats., sec. 1840, vesting in fiscal court authority to appropriate county funds and imposing on it duty to provide for care, treatment, and maintenance of the

poor, irrespective of alleged repeal of section 3931, authorizing county judge to provide for medical attention of sick.

Appeal from Leslie Circuit Court.

J.H. ASHER and J.M. BAKER for appellant.

J.M. MUNCY for appellee.

OPINION OF THE COURT BY JUDGE LOGAN.

Reversing.

Dr. P.J. Keith, the appellee, rendered medical services to the poor in Leslie county, and submitted his claim for $1,289 to the fiscal court for payment, which was refused. He appealed to the circuit court, where a trial before a jury resulted in a verdict in his favor for $300, and the county has brought the record here and entered a motion for an appeal. The motion must be sustained, the appeal granted, and the judgment must be reversed.

Section 1840, Kentucky Statutes, vests in the fiscal court authority to appropriate county funds which are authorized by law to be appropriated. The fiscal court by that section has imposed upon it the duty to make provisions for the maintenance of the poor, and provide a poorhouse and farm, and provide for the care, treatment, and maintenance of the sick and poor. The appellee rendered the services which he claims to have rendered, and in doing so he was rendering a service to humanity; but he did not render the services under the authority of the fiscal court. County governments never become indebted by implication, and the county...