Bayne v. Board of County Commissioners
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Bayne v. Board of County Commissioners
Opinion of the Court
This is an appeal from an order overruling a general demurrer to the complaint, in which two separate causes of 'action were'set forth. It was alleged in the first that the defendant, as the board of- county
From the allegations as to the first cause of action, it appeared that there had been presented to the board of county commissioners a claim and demand in the following language:
“Minneapolis, Minn., May 6th, 1902.
“Wright County, Minn.,
To A. Y. Bayne & Co., Dr.:
“To 3 bridges built in town of Stockholm, as per contract dated Jan. 31st, 1902, $1,200.
“State of Minnesota,
County of Hennepin.
“I, A. Y. Bayne, solemnly swear that the above bill' is true and just, according to contract; that the work has been performed in good faith, on the order of the county board, and the above amount is due and unpaid. A. Y. Bayne & Ox,
“By A. Y. Bayne.
“Subscribed and sworn to before me this 7th day of May, 1902. T. Si Dayman,
“[Seal.] Notary Public for Hennepin County, Minn.”
“Such account, claim or demand is just and true, that the money therein charged was actually paid for the purposes therein stated, that the property therein charged was actually delivered or used for the purposes therein stated, and was of the value therein charged, and that the services therein charged were actually rendered, and of the value therein charged.”
It would seem rather inappropriate and incongruous, in cases of contracts of the character of those set forth in this complaint, to require affidavits in strict accordance with the statute. It might be well to compel the creditor to make an affidavit to the effect that an account, claim, or demand arising upon such a contract is just and true, and perhaps that the services rendered and the materials furnished were of the value charged. It certainly would be impossible to construe the statute so as to hold that in such cases the affidavits should state that the money therein charged was actually paid, or that the property was actually delivered, or that the services were actually rendered; and certainly it could not be expected that the items of such a contract could or should be reduced to writing. The law never requires foolish or impossible things. So, in a case of this character, and where claims and demands of the nature of those herein involved are presented to an auditing board, the statute must be given a reasonable construction, and the courts must hold that substantial compliance with it is all that can. be required. In this particular case each of the claims and demands contained a statement, that the amount alleged to be due was on account, of bridges built according to contract of date January 31, 1902. The verification was
By Laws 1899, p. 200 (c. 192, § 1), G. S. 1894, § 1846, was amended so as to áuthorize boards of county commissioners to appropriate from the county treasury not to exceed a certain sum or ratio of the assessed valuation of real estate in the county “for the purpose of repairing, improving or building bridges upon any public highway.” This power was in addition to that already possessed to appropriate such sums of money as was advisable for the care and maintenance of county roads and highways. This amendment must be read in connection with sections 1847 to 1850, inclusive, and also in connection with Laws 1895, p. 680 (c. 287). There is not the slightest inconsistency or lack of harmony in these acts. Under the amendment of 1899, the commissioners may appropriate money for the repairing, improving, and building of bridges upon town roads, because such roads are public highways; and it follows, of necessity, that, if they may' appropriate money for this' purpose, they may enter into contracts for the performance of the work. . When given authority to appropriate, it is to be inferred that they may enter into contracts involving the expenditure of the moneys appropriated. Nowhere is authority given to the county commissioners to permit or authorize other parties to expend money appropriated for bridge building, except that they may make an appropriation not exceeding the sum of $300 out of the road and bridge fund, to be paid over and expended in the town in accordance with the provisions of section 1847, et seq.
So that the complaint would be sufficient in this respect if, as a matter of law, the defendant board had no authority to enter into a contract for the building of bridges upon town roads. The presumption would be sufficient to sustain it. Irregular, improper, and unwarranted acts by the board cannot be inferred. If there were such in this case, they must be alleged in the answer in defense, and established upon trial.
Order affirmed.
Reference
- Full Case Name
- A. Y. BAYNE v. BOARD OF COUNTY COMMISSIONERS OF WRIGHT COUNTY
- Cited By
- 2 cases
- Status
- Published