Mahr v. Board of County Com'rs of Pottawatomie County

• Citation: 110 P. 751,26 Okla. 628,1910 OK 234
• Parties: MAHR v. BOARD OF COUNTY COM'RS OF POTTAWATOMIE COUNTY.
• Decision Date: 12 July 1910
• Court: Oklahoma Supreme Court

110 P. 751

26 Okla. 628, 1910 OK 234

MAHR v. BOARD OF COUNTY COM'RS OF POTTAWATOMIE COUNTY.

Supreme Court of Oklahoma

July 12, 1910

Syllabus by the Court.

One member of a board of county commissioners cannot bind the county to pay for the services of a physician in attending upon the poor without first having been authorized thereto by a majority of said board whilst in session.

Error from Pottawatomie County Court; E. D. Reason, Judge.

Action by J. C. Mahr against the Board of County Commissioners of Pottawatomie County. Judgment for defendant, and plaintiff brings error. Affirmed.

E. O Cassidy, P. O. Cassidy, and W. M. Engart, for plaintiff in error.

C. P Holt and H. L. Johnson, for defendant in error.

WILLIAMS J.

The plaintiff in error as plaintiff declared against the defendants in error as defendants in two counts: (1) That in January, 1905, he and the defendants entered into a verbal agreement by the terms and conditions of which he was employed as a physician and surgeon to give medical care and treatment to the paupers and persons who were county charges in the city of Shawnee and vicinity, agreeing to pay him for such services the sum of $35 per month, payable quarterly at the expiration thereof. That he performed such undertaking beginning with the date thereof and ending on the 31st day of March, 1906. That defendants paid plaintiff all the sums due under the terms of said agreement excepting the sum of $105 which was still due and unpaid. That on March 31, 1906, he filed sworn and itemized statement in the manner and form as required by law with the defendants, and that they refused and still refuse to allow said account and order the same to be paid. (2) That the defendants are indebted to him in the sum of $423 for professional services as a physician and surgeon rendered and performed in giving medical care to the poor and paupers and county charges in the city of Shawnee and vicinity thereof. That said services were performed at the special instance and request of said defendants, who agreed to pay the reasonable value and worth thereof, the reasonable value of which is $423. That on the 1st day of October, 1906, plaintiff filed his sworn itemized statement in the manner and form as required by law, but the defendants still refuse to allow said account and order same to be paid. By amendment the following was added to the second count That all and each item of such services were rendered in case of an emergency, that is, in which the patient was in absolute need of medical attention, and at the time of the rendition of such services there was no physician in the employ of the city of Shawnee and vicinity, and that in each the services were performed at the instance of Robert Hagar, one of the commissioners of said county, said city being within his district. Defendants demurred to the second count as amended on the ground that it did not...