Yandell v. Madison County
| Decision Date | 27 October 1902 |
| Citation | 81 Miss. 288,32 So. 918 |
| Court | Mississippi Supreme Court |
| Parties | WILLIAM M. YANDELL v. MADISON COUNTY |
FROM the circuit court of Madison county. HON. ROBERT POWELL Judge.
Yandell appellant, was plaintiff, and Madison county, appellee, was defendant in the court below. The appellant, a physician, was appointed by the board of supervisors county health officer of Madison county, and his salary was fixed at $ 100 per annum. Smallpox broke out in the county, and the doctor was required in his official capacity to attend a goodly number of indigent persons who were suffering from the disease. He demanded pay from the county, $ 892 for such services according to their value as fixed by his profession. The board of supervisors declined to pay as requested, whereupon the doctor brought suit against the county. From a judgment in defendant's favor, the plaintiff appealed to the supreme court.
Affirmed.
H. B. Greaves and W. H. Powell, for appellant.
"A competent physician shall be appointed county health officer for and from each county in the state by the state board of health," etc. Code 1892, § 2275.
"It is the duty of the county health officer to enforce the rules and regulations of the state board of health, in the prevention and spread of all contagious, infectious and epidemic diseases in his county, to investigate and examine into the causes thereof, and to recommend rules and regulations to remedy the same," etc.
"The county health officer shall receive for his services an annual salary, the same to be fixed in advance by the board of supervisors," etc. Laws 1894, p. 34.
The laws for the protection of the public health, under which appellee was appointed are of general application and cannot be nullified in any county by the failure of the board of supervisors to fix the salary of the health officer of the county, after he had been duly appointed, or by their fixing it at a rate so far below the maximum that no competent physician will accept the office. The statute cannot be repealed or abrogated directly or indirectly by the board of supervisors.
A. P. Hill, for appellee.
The statute (Laws 1894, p. 34), is a complete answer to appellant's demands.
Dr Yandell, as health officer thereof, sued Madison county upon a quantum meruit in the sum of $ 892 for medical services rendered to residents of that county. To the several counts, three in number, all...
To continue reading
Request your trial
-
Gum Ridge Drainage Dist. v. Clark
... ... R ... W. CUTRER, Chancellor ... APPEAL ... from chancery court of Jefferson county, HON. R. W. CUTRER, ... Chancellor ... Suit by ... Clark & Parker against the Gum ... We shall ... content ourselves with a citation of authorities upon this ... point. Yandell v. Madison County, [124 Miss. 385] 32 ... So. 918; Boyce v. Timpe, 89 N.W. 83; Hunt v ... ...
-
Federal Royalty Co. v. Knox, 9467.
...may not abandon a contract and recover on a quantum meruit. Greenwood Lumber Co. v. Lanham, 129 Miss. 40, 91 So. 703; Yandell v. Madison County, 81 Miss. 288, 32 So. 918; Eureka Mfg. Co. v. Wimberly, 113 Miss. 90, 73 So. 871; Carpenter v. Josey Oil Co., 8 Cir., 26 F.2d It is also the rule t......
-
Board of Sup'rs of Calhoun County v. Powell
...a nominal sum, a dollar per month. In that case the board of supervisors had openly attempted to do away with the office. In Yandall v. Madison County, 32 So. 918, this court that a county health officer is entitled to receive no compensation whatever except a salary fixed by the board of s......
-
Armstrong v. Gaddis
... ... FROM ... the circuit court of Yazoo county. HON. ROBERT POWELL, Judge ... Armstrong, ... appellant, was the plaintiff, and ... ...