Butler v. Board of Commissioners
Supreme Court of Kansas
Error from Neosho District Court. Action' by Butler to recover for use of a room occupied as the county treasurer’s office' from September 20th 1871 to March 20th 1873. It was agreed that the rent of said room was worth $13 per month, and that if plaintiff was entitled to recover, tiie amount due him was $234. Other facts are stated in the opinion, infra.
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Error from Neosho District Court. Action' by Butler to recover for use of a room occupied as the county treasurer’s office' from September 20th 1871 to March 20th 1873. It was agreed that the rent of said room was worth $13 per month, and that if plaintiff was entitled to recover, tiie amount due him was $234. Other facts are stated in the opinion, infra. The district court, at the July-Term 1874, held that the county was not liable, and gave judgment against Butler for costs. Butler brings the case here on error.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action to recover for the rent of a room occupied by the county treasurer. No testimony was heard, but the case was tried upon an agreed statement of facts. So much thereof as is material, is as follows: “ That said county treasurer held his office in said building during the time that plaintiff was the owner thereof, with the knowledge and consent of the plaintiff herein.” “There was no express contract between plaintiff and defendant that plaintiff should receive compensation for the use of this building by said county…
2Cases cited2 opinions
- Perry v. BaileySupreme Court of Kansas · 1874
- Comm'rs of Neosho County v. StoddartSupreme Court of Kansas · 1874
3Cited by9 opinions
- Long v. Pierce CountyWashington Supreme Court · 1900
- Gillett v. Comm'rs of Lyon CountySupreme Court of Kansas · 1877
- Chicago, Kansas & Western Railroad v. Board of Comm'rsSupreme Court of Kansas · 1887
- City of Ellsworth v. RossiterSupreme Court of Kansas · 1891
- Huffman v. Board of CommissionersSupreme Court of Kansas · 1880
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