125 Ky. 205 | Ky. Ct. App. | 1907
Opinion op the Court by
Affirming.
Franklin county had a bonded indebtedness of $62,000, which it desired to refund. The fiscal court of the county entered an order on its records directing the refunding of the debt, and appointing a committee composed of Magistrate Thompson, County Attorney .Polsgrove, and County Clerk Smith to advertise for bids for the funding bonds. The committee acted, and the bonds were sold to a Cincinnati firm of brokers. Pat McDonald, Sr., participated to some extent in the transaction. His representatives claim he acted as a financial agent for the county by its employment. -The county claims he was acting for the brokers. After Mr. McDonald’s death, which occurred not a great while after the debt was refunded, his son presented a claim to some of the magistrates, if not to the fiscal court, for his services. There is no record of the fiscal court either that McDonald was employed in the matter at all, or that any claim for his services was presented to the court. A paper was drawn up and signed, which was taken as authority for the issuance of a warrant upon the county treasury for $450, in payment of the claim. This paper was not presented in or acted upon by the fiscal court in session. The paper is in the following words: “That the undersigned request and
Their first contention is that.the county could not prosecute both actions at the same time — the appeal referred to, and this suit at law for money had and received. In the view we have taken of the matter the appeal need not to be further considered, nor considered at all in this case; for we have reached the conclusion that the warrant was void, as was the order upon which it was issued. That being so, it was not necessary for the county to prosecute an appeal from the order before! it could pursue any other remedy to
The paper signed by County Judge Moore and by
The admitted facts are that appellants have, without lawful authority or legal right., got possession of $450 belonging to the county. Doubtless it was by a mistake on the part of the county clerk and sheriff,
Such was the judgment of the circuit court, which is affirmed.