Motley v. Pike County
Decision Date | 28 February 1911 |
Parties | MOTLEY v. PIKE COUNTY. |
Court | Missouri Supreme Court |
Appeal from Circuit Court, Pike County; David H. Eby, Judge.
Action by Robert L. Motley against Pike County. From a judgment for plaintiff in the Circuit Court, defendant appealed to the St. Louis Court of Appeals, and the case was transferred to the Supreme Court. Judgment affirmed.
L. G. Blair and Tapley & Fitzgerrell for appellant. E. W. Major, for respondent.
Plaintiff was the judge of the probate court of Pike county, Mo. On February 7, 1907, he filed with the county court of said county an expense account, thus stated and itemized:
Pike County, Missouri, in Account with R. L. Motley Judge of Probate 1906. To cash for postage stamps and cards from August 1, 1906, to February 1, 1907 $15 50 Aug. 29th. To cash paid for dustless brush for probate courtroom........ 2 25 Dec. 1st. To cash paid for express on office supplies..................... 60 1907. Jan. 9th. To cash paid for express on office supplies..................... 40 ______ $18 75 Feb. 1st. To cash paid janitor for probate courtroom from Nov. 3, 1907, to Feb. 2, 1907, 13 weeks, at 75¢ a week... 9 75 Feb. 1st. To cash paid for rent of telephone for use of probate court office to March, 1907, 41 months, at $1 a month 41 00 ______ Total amount due............ $68 00
The county court allowed all the items except the last two, i. e., those for janitor service and telephone service. From this judgment of the county court, the plaintiff appealed to the circuit court, where, upon a trial de novo, plaintiff had judgment for the full account, and the county appealed to the St. Louis Court of Appeals. That court certified the cause here because the county was a party thereto. The question here is whether or not the several items of this account are properly chargeable to the county. The evidence bearing upon each can best be stated in the course of the discussion of the point. This is a sufficient outline of the case.
1. The only items of the account attacked in this court are the latter two. Of these in their order. It stands admitted that the county of Pike was amply supplied with funds out of which to pay the account in toto, if it was liable therefor. It appears from the evidence that the county court employed a janitor to sweep out and look after the halls in the courthouse, but failed to employ one to look after the office of plaintiff or any other county...
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