56 Iowa 379 | Iowa | 1881
It is objected, as the sheriff must furnish the required clothing, that he alone can maintain an action therefor. This view
It must be conceded that only necessary clothing can be procured at the expense of the county. The sheriff, however, is made the agent of the county for this purpose. A discretion is reposed in him, and, in the absence of bad faith on the part of the sheriff, and of the person from whom the clothing was obtained, we do not think the discretion reposed in the sheriff can be controlled by the board of supervisors. We can readily conceive of clothing that might be furnished, which would be so manifestly unsuitable as to lead to the conclusion it was unnecessary, and that the same had been procured and furnished in bad faith. In such case, the board of supervisors should refuse to pay therefor.
The plaintiff was bound to know for whom the clothingwas desired. He therefore must take notice and determine at his peril whether it was suitable, and, possibly, necessary. There is no pretence the clothing procured of the plaintiff was not of that character, unless it became so because the sheriff had failed to have certain other clothing washed. Now, was the plaintiff bound to inquire whether the sheriff had failed to do his duty in this respect, conceding such was the sheriff’s
Affirmed.