Yandell v. Madison County

Mississippi Supreme Court
Yandell v. Madison County, 81 Miss. 288 (Miss. 1902)
Terral

Yandell v. Madison County

Opinion of the Court

Terral, J.,

delivered the opinion of the court:

Dr. Yandell, as health officer thereof, sued Madison county upon a quantum meruit in the sum of $892 for medical services rendered to residents of that county. To the several counts, three in number, all of like character, he attached a bill of particulars, containing about 93 items, one of which items, which will serve to illustrate all the others, is as follows: “1901, January 14. To visit Jesse Samuel (smallpox), $15.00.” To his declaration a demurrer was sustained, when he filed an amended count in qucmtum meruit also, but for $800. In the amended declaration no mention is made of the services performed, but it alleges for the year 1900 his predecessor in office had received compensation at the rate of $500 per annum, which had been fixed at that sum by the board of supervisors, and that his [Yandell’s] services were worth more than the services of his predecessor. His amended declaration further alleges that the board for the year 1901 had fixed the health officer’s salary at $100 per annum, but it makes no use of that fact except to ignore it. In truth, all the counts ignore the fact that his compensation is a salary, to be fixed by the board, and seek to recover upon a qucmtum meruit for special services to sick persons within the county. We think a demurrer was rightly sustained to all the counts, because Dr. Yandell can claim against the county his salary only, whatever that may be; and for such recovery neither of his counts is a suitable pleading.

Affirmed.

Reference

Full Case Name
William M. Yandell v. Madison County
Cited By
2 cases
Status
Published
Syllabus
Health and Quarantine. County health officer. Sala/ry. Code 1892, g 2275. Ib., l 2285. Laws 1894, p. 34. A county health officer, appointed by the board of supervisors, under code 1892, § 2275, requiring such an appointment, is only entitled to the salary fixed in advance by the board of supervisors, under code 1892, \\ 2285, amended, laws 1894, p. 34, as compensation for official services'rendered by him, and he cannot maintain againt the county an action of assumpsit upon a quantum, meruit for such services, however great.