Board of County Commissioners v. Lewis
Supreme Court of Colorado
Error to the County Court of Bio Grande County. Action by defendant in error, as plaintiff, to recover from plaintiff in error, as defendant, the sum of ninety-one dollars, claimed as the balance of an account of two hundred and sixty-six dollars for furnishing board, lodging, caring for, and nursing Edmund Koch, alleged to be a pauper on Rio Grande County.
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Error to the County Court of Bio Grande County. Action by defendant in error, as plaintiff, to recover from plaintiff in error, as defendant, the sum of ninety-one dollars, claimed as the balance of an account of two hundred and sixty-six dollars for furnishing board, lodging, caring for, and nursing Edmund Koch, alleged to be a pauper on Rio Grande County. From a judgment in favor of plaintiff in the sum of fifty-nine dollars and sixteen cents, defendant brings the case here for review on error.
1Opinion of the CourtJustice Gabbert
Plaintiff seeks to maintain this action upon the ground that the services rendered and items furnished were of the reasonable value charged. On behalf of defendant it is urged that the judgment is erroneous, for the reason that plaintiff has been paid upon his account what the board “deemed just and equitable,” and having exercised its discretion in this, respect, the judgment should have been for the defendant, unless it appears that its discretionary powers in matters of this character have been abused. The testimony discloses that Koch was a resident of Mineral county; that he became sick…
2Cases cited2 opinions
- Murray v. BuellWisconsin Supreme Court · 1889
- Smith v. Board of County CommissionersSupreme Court of Colorado · 1887
3Cited by9 opinions
- Bennett v. PriceSupreme Court of Colorado · 1968
- Austin v. Guaranty State Bank of CopperasCourt of Appeals of Texas · 1927
- Tice v. State Industrial Accident CommissionOregon Supreme Court · 1947
- Board of Permanent Road Com'rs of Hunt County v. JohnsonCourt of Appeals of Texas · 1921
- Caras v. Delaware Liquor CommissionSuperior Court of Delaware · 1952
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