Ellis v. Steuben County

The question to be determined in this case is whether a county surveyor is entitled to recover from the county for the services of his deputy rendered in 1897 in reallotting county drains, under §§5632-5636 Burns 1894, and in inspecting and accepting as completed allotments, under §5675 Burns 1894.

It is insisted by appellee that there can be no recovery for such services, (1) because said sections impose judicial functions upon a’county surveyor, a ministerial officer, and are therefore unconstitutional; (2) because there is no statute fixing any compensation for deputy surveyors for such…