Town of Madison v. Newsome
Supreme Court of Florida
Writ of Error to the Circuit Court for Madison •county. STATEMENT. The defendant in error brought his action of assumpsit against plaintiff in error in the Circuit Court of Madison county, the declaration, filed March 24,1893, alleging that on the-day of December, 1891, in -consideration that plaintiff at defendant’s ■ request would enter into defendant’s service as night watchman for the town of Madison and serve defendant in that capacity, the defendant undertook and…
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Writ of Error to the Circuit Court for Madison •county. STATEMENT. The defendant in error brought his action of assumpsit against plaintiff in error in the Circuit Court of Madison county, the declaration, filed March 24,1893, alleging that on the-day of December, 1891, in -consideration that plaintiff at defendant’s ■ request would enter into defendant’s service as night watchman for the town of Madison and serve defendant in that capacity, the defendant undertook and promised plaintiff that during the continuance of such service for one year from January 1, 1892, to December 31, 1892, it…
1Opinion of the Court
Cauteh, J.:
The court below should have granted a new trial. The town of Madison is a municipal corporation, and its authority to employ plaintiff as night watchman is derived from that portion of section 25, chapter 1688, approved February 4. 1809 (McClellan’s Digest, p. 252, sec. 84), which reads as follows: “That it shall be the duty of the mayor to see that the ordinances of the city or town council are faithfully executed; and he is hereby authorized, with the consent of the council to organize and appoint such police force as may be deemed necessary to insure peace, good order and…
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