59 S.W.2d 982 | Ky. Ct. App. | 1933
Affirming. *767
The appellee, Jakie Howard, brought this mandamus proceeding against the appellant, Bell County Board of Education, to compel it to pay him the salary alleged to be due him as superintendent of the county schools of Bell county for the months of March, April, and thirteen days of May, 1932, at which time he was removed from office. See Howard v. Bell County Board of Education,
Two grounds are relied upon for reversal:
First, that mandamus was not the proper remedy in this case. The authorities are directly to the contrary. In the case of Page v. Hardin, 8 B. Mon. 648, it was held that so long as a public officer continues in office, he is entitled under the law to receive his salary and that the writ of mandamus is an appropriate proceeding wherewith to enforce that right. See, also, O'Connor v. Weissinger,
The second ground urged for reversal is that inasmuch as the answer of the appellant was a complete traverse of the allegations of the petition of the appellee, the court should not have entered judgment without hearing evidence. But the trouble with this contention is that the judgment recites that when the case came on to be heard, the court was advised as to the facts involved by statements of counsel for both sides, and by the records of the Bell County Board of Education which were read on the hearing of the motion for the writ of mandamus. It is settled that admissions or statements made to the court by an attorney relative to the matter in issue are binding on the client. Talbot v. McGee, 4 T. B. Mon. 375; National. Life
Accident Ins. Co. v. Braswell,
The judgment is affirmed.
