Hawthorn v. Board of Commissioners

On Petition for a Rehearing.

Crumpacker, J.

Counsel for appellee have filed a very earnest petition for a rehearing of this cause, and in view of the importance of the question involved we have concluded to give it further consideration at the hazard of traversing some of the ground covered in the original opinion.

It is insisted that there must be express authority to justify the commissioners of a county in allowing and paying a public officer for services out of the county treasury. The law upon this subject was well stated by Coffey, J., for the court in the case of State, ex rel., v. Roach,…