60 Ind. App. 14 | Ind. Ct. App. | 1915
Appellant filed with appellee January, 1911, a claim for a balance alleged to be due him for services as a deputy assessor of Wayne Township, Allen County, performed in 1905, 1906, 1907 and 1908. The entire claim as filed was disallowed. On appeal to the circuit court a trial resulted in a general finding and judgment against appellant from which he prosecutes' this appeal. The claim is in part as follows:
“Ft. Wayne, Ind., Jan. 24, 1911.
Allen County, Indiana, To August Stellhorn for services rendered said township, as assessor of the personal property of said township for the following periods and days, and for which full compensation has not been rendered, to wit: 1915.
May 15, to 75 days for assessing at $2.00 per day.....................$150.00
May 16-17, in office checking up at $2.00 per day 4.00
*17 May 18 to 23, inclusive, for abstract of field books in office, at $2.00
per day.......................... $10.00
Total...................'.......$164.00
Credit by cash......:............... 130.00
$34.00’-’
There is a like bill of particulars for each of the years 1906, 1907 and 1908. The total amount of the claim alleged to be due and unpaid is $136. The sufficiency of the evidence to sustain the decision is the sole question presented.
It is admitted that appellant was a deputy assessor of said township for said years. Appellant was the only witness introduced in his behalf. As far as material to the questions involved, his testimony was to the following effect: Mr. Etzold, township assessor for said years, deceased before the trial, appointed appellant as a field deputy for each of said years. There were also office deputies appointed to do the work in the office. Appellant was appointed to assess personal property within a designated territory. He was not appointed to do office work, but it was a part of his duty when he had completed the work of assessing to check up and arrange in proper order the assessment lists or schedules made out by him and by the property owners under his supervision. He commenced assessing March 1, and completed the work May 15, of each year working every day except Sundays. On each Sunday he cheeked up and arranged in order the lists made out the previous week. By May 15, of each year he had completed his work of assessing, and on that day delivered the lists at the assessor’s office. Thereafter, by direction of the township
Note. — Reported in 110 N. E. 89. As to work which may be done on Sunday, see 30 Am. St. 27. What constitutes “labor” or “labor or work” within prohibition of Sunday law, see Ann. Cas. 1913 D 797. See, also, under (1) 16 Cye 856; (2) 3 Cyc 308, 310; (3) 37 Cyc 544, 545; (4) 37 Cye 552; (5) 16 Cye 870; (6) 37 Cye 569; (8) 3 Cye 360.