Rouse v. Pima County
Rouse v. Pima County
Opinion of the Court
On May 23, 1903, the appellant, as plaintiff, filed a complaint against the appellee, as defendant, for two hundred and fifty dollars, the amount claimed by plaintiff to be due on a quantum meruit for services rendered the defendant by the plaintiff while the clerk of the board of supervisors of the defendant, in making out the duplicate assessment-roll for .1902. It was stipulated in the trial court: “That the plaintiff was the duly appointed and qualified clerk of the board of supervisors of the defendant county during the years 1901 and 1902. The plaintiff, at the request of the board of supervisors of defendant county in the year 1902, made up the duplicate assessment-roll for that year according to law, and said roll was accepted by the board of supervisors of said county and was used as such. That said assessment-roll was made and prepared by plaintiff, and, in the making thereof, said plaintiff worked on it at hours before and after the commencement of the time fixed by law as the official hours of the office of the clerk of the board of supervisors, and also at nights and on legal holidays. That the defendant during all of the time mentioned was a county of the first class. That plaintiff has not been paid for the services herein claimed, or for any part thereof, and that he filed a verified demand therefor in due time from the 20th day of September, 1902, within six months after the making of said duplicate assessment-roll, and that said demand was rejected by the said board of supervisors on the 7th day of February, 1903.” The case was submitted to the trial court on the complaint and answer and the agreed statement of facts, and judgment was rendered that plaintiff recover nothing, and that the defendant recover its costs, from which judgment and the denial of a motion for a new trial the plaintiff has appealed to this court.
It is not claimed by the appellant that the services sued for were rendered under the terms of an express contract. We do not, therefore, need to determine whether a contract made by the board of supervisors with the clerk thereof for the rendition of such services would, if the same were
The judgment of the lower court is affirmed.
Reference
- Full Case Name
- CHARLEY O. ROUSE, and v. PIMA COUNTY, and
- Cited By
- 1 case
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- Published
- Syllabus
- 1. COUNTIES — OFFICERS—COMPENSATION-BEV. STATS. AEIZ. 1901, PAES. 970, 2609, 2628, 3882, Construed. — Under paragraph 970, supra, providing that “The clerk oí the board must . . . perform all other duties required by law, or any rule or order of the board,” paragraph 2609, supra, providing “County officers shall receive such compensation as is provided hereafter, and none other,” paragraph 2628, supra, providing “In counties of the first class, the clerk of the board of supervisors shall receive a salary of fifteen hundred dollars per annum,’’ and paragraph 3882, supra, providing “As soon as the board of supervisors of each county has so levied the taxes as provided in this title, they shall add up the columns of valuation and enter the total valuation of each description of property on a roll, and shall cause a true copy of said assessment-roll to be made, to be styled a duplicate assessment-roll, . . . and shall give the county treasurer a statement thereof, . . . which said duplicate assessment-roll and also the plat or map book shall be delivered to the tax-eolleetor on or before the third Monday in September,” the fact that a clerk of the board of supervisors of a county of the first class, at the request of the board, without a promise on their part to pay extra for such work, prepared a duplicate assessment-roll outside of office hours, gave him no right to recover from the county on a quantum meruit compensation beyond his official salary, especially where there was no evidence that there was not ample time for its preparation during the official office hours, between the date when it was ordered and the date when it was required by statute to be completed and delivered to the tax-collector.