Rice v. Tevis' Adm'r

• Decision Date: 09 May 1899
• Citation: 50 S.W. 1101
• Parties: RICE v. TEVIS' ADM'R. [1]
• Court: Kentucky Court of Appeals

50 S.W. 1101

RICE v. TEVIS' ADM'R. ^[1]

Court of Appeals of Kentucky.

May 9, 1899

Appeal from circuit court, Madison county.

"Not to be officially reported."

Action by the administrator of James R. Tevis against H. C. Rice to recover the salary and fees of an office paid to defendant. Judgment for plaintiff, and defendant appeals. Affirmed.

P. H Sullivan and R. H. Crooke, for appellant.

J. A Sullivan, for appellee.

WHITE J.

The appellee brought this action against appellant, seeking to recover the salary and fees collected by appellant as police judge of the city of Richmond from January, 1894, till September of that year. The pleadings show that Tevis was elected judge in 1892, under the provisions of the charter under the old constitution, and that at the November election, 1893, appellant was elected for the ensuing term. A dispute having arisen as to when appellant's term began an action was brought in the Madison circuit court to determine that matter. In January, 1894, the Madison circuit court adjudged appellant then entitled to the office. Under that judgment appellant qualified, and held till September 1894. That judgment of the circuit court was appealed to this court, without having been superseded, and was reversed, and Tevis given the office. The pleadings show these facts, and that the salary was $50 per month, which was paid to appellant for eight months. Appellant admitted, by his answer, that he received in fees the sum of $249.15 from the office, and pleaded that he expended, for books, stationery, coal, office rent, and other office necessaries, the sum of $46.50. Appellant also pleaded that his necessary family living expenses were at least $60 per month for the eight months, and asked that these sums be allowed him. On demurrer the court sustained an objection to the item of expenses of living, and sustained a general demurrer to the first paragraph of the answer, which pleaded the judgment of the circuit court, not superseded or reversed during the time appellant held the office. Appellant declining to plead further, the court rendered judgment for the amount of the salary, $400, and the amount of the fees collected, less the necessary office expenses, a balance of $202.65,--the two amounting to $602.65; and from this judgment this appeal is prosecuted.

The case of Tevis v. Rice (Ky.) 30 S.W. 1021, settles the right of appellee's intestate, Tevis, to the office...