Smith v. Campbell

CULLEN, Commissioner.

This appeal involves the validity of lump sum payments for office rent and telephone made to the magistrate members of the Harlan Fiscal Court under an order or resolution of the fiscal court adopted in 1946. The action was brought by a citizen- and taxpayer against all magistrates who had served as members of the fiscal court at any time since 1946, and against the county treasurer. Judgment was entered against the magistrates, individually, for all payments that had been made to them from a date five years before the commencement of the action, it being held that…