Legal Opinion

Barnes v. Town of Bakersfield

Supreme Court of Vermont

Decided January 15, 1885PublishedCited by 3 opinions

Genekal Assumpsit. Plea, general issue and notice. Trial by court, September Term, 1884, Royce, Ch. J., presiding. Judgment for the defendant. The action was brought to recover pay for the plaintiff’s services performed as lister. He was elected one of the listers of the defendant town at the annual March meeting in 1882, accepted the office, and rendered the services charged in his specification.

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Genekal Assumpsit. Plea, general issue and notice. Trial by court, September Term, 1884, Royce, Ch. J., presiding. Judgment for the defendant. The action was brought to recover pay for the plaintiff’s services performed as lister. He was elected one of the listers of the defendant town at the annual March meeting in 1882, accepted the office, and rendered the services charged in his specification. The court found that the .amount charged was reasonable, and that the plaintiff should recover it, if he was entitled to recover anything. The plaintiff’s specification was : “ Twenty days’ services…

1Opinion of the Court

The opinion of the court was delivered by

Powebs, J.

The right of town officers to recover pay for official services is regulated by statute. Section 2673 reads: *377“ Towns, at the annual meeting, may fix the compensation of town officers. ” Section 2727 requires the auditors to examine and adjust the accounts of town officers, and report the items of such accounts to the town at its annual meeting. Section 2728 forbids the allowance by the auditors of any claim for personal services except when compensation is fixed by law or by vote of the town, but requires the auditors to report the nature and…

2Cited by3 opinions

  1. Daniels v. HathawaySupreme Court of Vermont · 1892
  2. McFarland v. GordonSupreme Court of Vermont · 1898
  3. Senna v. KennedySupreme Court of Vermont · 1896

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