City of Benton v. Powers

Ernie E. Wright, Chief Judge.

This is an appeal from a judgment in favor of the appellee pursuant to a directed verdict denying recovery of monies the city claims were paid to appellee without proper authority upon appellee’s retirement.

On May 1, 1978, the appellee James L. Powers retired as general manager of the municipal utilities of the City of Benton after some thirty years service as a municipal employee. He was paid benefits out of city utility funds upon retirement in the amount of $19,353.04, the net amount received by him after withholdings for taxes being $16,235.91. The payment was…