Township of Franklin v. Jones

The opinion of the court was delivered by

Garrison, J.

This appeal brings up a judgment of the Circuit Court striking out a complaint. The plaintiff is a township and its complaint is that the defendant from 1893 to 1911 was its clerk and continuously performed the duties of that office, for which prior to 1903 he was paid upon statements currently rendered by him to the plaintiff, and that since 1903 such services were performed under a salary of $200 which was annually paid to the defendant.

The action is brought to get hack the money thus paid to the defendant during a period of eighteen…