139 Ky. 66 | Ky. Ct. App. | 1910
Opinion of the Court by
Affirming.
The judgment appealed from is for $1,700, and was rendered against the ex-sheriff of Elliott county and his bondsman, the surety company. The amount recovered was for building two bridges, one a.t the price of $1,000 and the other at $700. Appellants ask a reversal of the case for the following reasons: First, because the fiscal court of Elliott county never legally authorized or directed the bridges to be built, nor did it ever appropriate any money to pay for them or authorize the sheriff to do so; - second, the whole transaction was illegal and void from the beginning to the end, and the sheriff was not authorized to pay the sum sued for or any part of it.
The facts with reference to the building of these1 bridges and leading up to the litigation are, in substance, as follows: The fiscal court of Elliott county made a levy of $1.50 on each poll, 15 cents on each 4100 for general purposes, and 15 cents on each $100 for road and bridge purposes. At its October term, 1900, the court made the following order: “Ordered
There is nothing in the record showing that the commissioners, after determining that these bridges should be erected at the places named, reported the fact to the fiscal court or reported the contracts made with appellee for the approval of the court; nor did
It appears from the record that the fiscal court of Elliott county had not appointed a treasurer, and the sheriff was its disbursing officer for the county. On the 4th day of October, 1901, the fiscal court made the following order approving the settlement made with the sheriff by the court’s commissioner, to-wit: “This day came J. A. Gray as commissioner to make settlement. G. W. Kozee, sheriff of Elliott county, for the year 1901, and produced settlement which is approved by the court and ordered to be spread at large upon the proper book in the county court clerk’s office.” It appears from this report that the sheriff had of the county’s funds unexpended something over $3,-000. On the date last named the court also made the following order: “Ordered by the court that the commissioners appointed at the former term of this court to buy bridges are hereby authorized to appropriate the money now on hand not otherwise appropriated
The fiscal court is a court of record. It must speak by its records. Parol evidence is not competent to show that the court did something not shown by its records, or that it did not do something which is shown by its records. Parol evidence can only be introduced in aid of its records where it would be competent in the case of a will, deed, or other record. If a man by his will leaves his home place to one of his children, parol evidence is competent to show what boundary of land was known as his home place at the time of the execution of the will; or, if by the judgment of a court, the line between two adjoining landowners is fixed as the line of a certain patent, where the line of that patent runs may be shown by parol evidence. The records of the fiscal court are an entirety and may be read together. If, when the whole-record is read., the meaning is sufficiently shown, it may be enforced. That is certain which may be made
Appellants contend strenuously in their answer that the sheriff never had at any time money enough in his hands to pay these claims; that he paid all that was due the county on other claims as directed by the
For these reasons, the judgment of the lower court is affirmed.