City of Owensboro v. Weir
Court of Appeals of Kentucky
Case 27 — AGREED CASE APPEAL PROM DAVEISS CIRCUIT COURT. The general rule is that the mayor can not bind the city by the employment of an attorney without the concurrence of the council. (Memphis v. Adams, 9 Heisk (Tenn.), 518; s. c., 24 Am. Rep., 331; Bryan v. Page, 51 Tex., 532; s. c., 32 Am. Rep., 637; Carroll v. St. Louis, 12 Mo., 444, cited and approved in 15 Am. and Eng.
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Case 27 — AGREED CASE APPEAL PROM DAVEISS CIRCUIT COURT. The general rule is that the mayor can not bind the city by the employment of an attorney without the concurrence of the council. (Memphis v. Adams, 9 Heisk (Tenn.), 518; s. c., 24 Am. Rep., 331; Bryan v. Page, 51 Tex., 532; s. c., 32 Am. Rep., 637; Carroll v. St. Louis, 12 Mo., 444, cited and approved in 15 Am. and Eng. Ency. of Law, 1119 ; Butler v. Charleston, 7 Gray (Mass.), 14, cited and approved in 15 Am. and Eng. Ency. of Law, 1121.) And it makes no difference that the attorneys were ignorant of the lack of authority on part of…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion of the court.
The question involved on this appeal is the liability of' the appellant, City of Owensboro, for the fee of the *160appellees — attorneys at'law — for services rendered by them at the employment of the mayor of the appellant acting without the authority of the city council.
The circumstances of the employment are set forth in an “ agreed case ” and in the record in which the services were rendered.
The county judge of Daveiss County, under an order of the county court to that effect, was proceeding to have inclosed under fence certain outlying…
2Cases cited1 opinion
- City of Louisville v. MurphyCourt of Appeals of Kentucky · 1887
3Cited by14 opinions
- Worrell Manufacturing Co. v. City of AshlandCourt of Appeals of Kentucky · 1914
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- Cincinnati, N. O. & T. P. Ry. Co. v. Hansford & SonCourt of Appeals of Kentucky · 1907
- Lena Rue Coal Company v. BrewerCourt of Appeals of Kentucky (pre-1976) · 1926
- Board of Drainage Commissioners v. Illinois Central RailroadCourt of Appeals of Kentucky · 1924
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