179 Ind. 568 | Ind. | 1913
This was an action by appellants, against appellee, for judgment for professional services alleged to have been rendered by appellants in defending one Jesse Sluder, on a charge of murder. On a former appeal of the cause, to the Appellate Court, a judgment in favor of appellants was reversed, and, on petition to transfer the cause to this court, the same was denied. Board, etc., v. Knight, 44 Ind. App. 722.
Appellants filed an amended complaint, averring facts, which, appellants claim, present the question of the constitutional validity of §27 of the “County Council Act” of 1899, which reads as follows: “No court, or division thereof, of any county, shall have power to bind such county by any contract, agreement, or in any other way, except by judgment rendered in a cause where such court has jurisdiction of the parties and subject matter of the action, to any extent beyond the amount of money at the time already appropriated by ordinance for the purpose of such court, and for the purpose for which such obligation is attempted to be incurred, and all contracts and agreements, express or implied, and all obligations of any and every sort attempted beyond such existing appropriations shall be absolutely void.” §5944 Burns 1908, Acts 1899 p. 343, §27.
It is averred in the amended complaint that Sluder’s trial had been set for a certain date; that he was a poor person, unable to employ counsel and had no attorney to defend him; that the State' was demanding a trial of the cause, on the day set; that the court at defendant’s suggestion, requested appellants to defend Sluder, but, on inquiry, they
The complaint contains the following: ‘ ‘ Plaintiffs further aver, that at the time of their said employment and appointment by the court, the circumstances then existing' created an immediate emergency requiring the exercise of the inherent power of the court to make said appointment in order to protect the constitutional rights of the said Sluder, and that the acceptance of said employment by these plaintiffs, under said circumstances, entitled them to reasonable compensation for their services, over and above the amount remaining of the said appropriation, and for the balance so due them; they aver that there was created thereby a just and rightful unliquidated claim against the board of commissioners of said Clay County, Indiana. That if the said employment and appointment had not been made by the court and had not these plaintiffs acted there
There is no reversible error. Judgment affirmed.
Note.—Reported in 101 N. E. 1010. See, also, under (1) 81 Cyc. 335, (2, 5) 2 Cyc. 585; (3) 31 Cyc. 49; (4) 4 Cyc. 980. As to the caution with which courts exercise the power to declare statutes