Lonergan v. City of Louisiana
Missouri Court of Appeals
Appeal from the Louisiana Court of Common Pleas. — Son. David S. Eby, Judge. (1) It is a well-grounded principle of law that the party to a suit at whose' instance a service is rendered for which a fee is allowed is liable to the officer for the fee, and the fact of his being permitted, in the event of a judgment in his favor, to recover back the fees expended, does not affect his liability; he is liable to the officer for them though they may never be recovered from the…
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Appeal from the Louisiana Court of Common Pleas. — Son. David S. Eby, Judge. (1) It is a well-grounded principle of law that the party to a suit at whose' instance a service is rendered for which a fee is allowed is liable to the officer for the fee, and the fact of his being permitted, in the event of a judgment in his favor, to recover back the fees expended, does not affect his liability; he is liable to the officer for them though they may never be recovered from the unsirccessful party. Carr v. City, 9 Mo. 192. (2) Pees are compensation or remuneration for particular acts or services…
1Opinion of the Court
BLAND, P. J,
This suit is on an itemized, account for fees due appellant as recorder of the city of Louisiana, and was submitted to the court, sitting as a jury, on the following agreed statement of facts:
“It is agreed that defendant is a municipal corporation, situate in Buffalo township, Pike county, Missouri, organized and existing under and by virtue of the laws of Missouri. It is agreed that plaintiff was mayor and ex-officio and acting recorder of the city of Louisiana, Missouri, at the dates of the items in the account filed with his petition. That the fees accrued in suits brought by…
2Cases cited2 opinions
- Carr v. City of St. LouisSupreme Court of Missouri · 1845
- Boucher v. City of MoberlySupreme Court of Missouri · 1881