McLeaster v. City of Lawrence Burg, 15600.

• Decision Date: 26 January 1938
• Docket Number: No. 15600.,15600.
• Citation: 12 N.E.2d 389,104 Ind.App. 572
• Parties: McLEASTER v. CITY OF LAWRENCE BURG.
• Court: Indiana Appellate Court

104 Ind.App. 572

12 N.E.2d 389

McLEASTER

v.CITY OF LAWRENCE BURG.

No. 15600.

Appellate Court of Indiana, in Banc.

January 26, 1938.

Appeal from Dearborn Circuit Court; Wm. D. Ricketts, Judge.

Action by Bruce McLeaster against the City of Lawrenceburg to collect salary allegedly due. From a judgment for defendant, plaintiff appeals.

Reversed with instructions.Chas. A. Lowe, of Lawrenceburg, and Lemen & Cooper and Arthur D. Cutler, all of Madison, for appellant.

Leyman N. Hayes and Estal G. Bielby, both of Lawrenceburg, for appellee.

KIME, Judge.

Appellant filed his complaint herein against the City of Lawrenceburg, Ind., to collect salary alleged to be due him, totaling $2,100, under the Acts 1921, c. 161, p. 404. To this complaint the appellee answered in general denial. Trial was had, and the court found for appellee and entered judgment that appellant take nothing by his complaint and appellee recover costs. Appellant's motion for a new trial containing the grounds that the decision of the court was not sustained by sufficient evidence and was contrary to law was overruled, and this appeal followed; the error assigned being the overruling of the motion for new trial.

All the evidence was stipulated with leave retained to introduce further evidence, but none was introduced upon trial, and the pertinent facts are as follows: That appellant was duly elected to the office of auditor of Dearborn county, Ind., November, 1926, and has ever since been and is now the duly elected, qualified, and acting Auditor of said county; that the City of Lawrenceburg is a municipal corporation of the fifth class duly organized and existing under and by virtue of the laws of the State of Indiana; that in the spring of 1927 and while serving as such auditor he made up the amount of taxable property, real and personal, from all sources and certified to the said city the net amount of such taxable property in order that said city could use said net amount of taxable property as a basis for making their rate of taxation; that after said city had fixed, determined, and made its rate for 1927, the appellant as such auditor during the fall of said year computed and entered the amount of tax due from each individual and taxpayer in said city upon the tax duplicate of Dearborn county, Ind.; that after the May, 1928, installment of taxes had been paid the said auditor extended the tax of each taxpayer of Lawrenceburg in order that the county treasurer of said county could collect the fall installment of said tax; that after the collection of said tax had been made the appellant computed the amount of the tax due said city from said tax collections and thereafter made settlement twice annually with the clerk-treasurer of said city and remitted to said city the amount of such tax so collected for and on behalf of said city; that each and all of the acts recited were performed by appellant during each and all of the years he served as county auditor, to wit, 1927, 1928...