City of Jacksonville v. Ætna Steam Fire Engine Co.

Citations

• 20 Fla. 100

Syllabus

<p>1. AYliere the declaration sets up a cause of action enuring' jointly to several parties, and it appears upon its face that only some of tlie joint contractors are plaintiffs, (no death or other fact showing survivorship of tlie right of action in the plaintiffs being set up,) it is a demurrable defect, and a demurrer of plaintiffs to defendants’ pleas in bar should be overruled, whether the pleas in bar set up a good defence or not.</p> <p>3. No obligation to pay the members of a volunteer association for the extinguishing of fires in a municipal corporation arises or is implied from the simple rendition of such service, and where they claim compensation tlie burden of proof is upon them to show a contract to that effect.</p> <p>The evidence in the record of this case is substantially as follows :</p> <p>Tlie'record of the city covering the matter of the compensation of the /Etna Steam Fire Engine Company clearly discloses a state of facts and contract -which, admits a debt by the association to the corporation on the 10th of March, A. D. 1871, and provides for its satisfaction and payment by service to be rendered thereafter, upon terms to he thereafter agreed upon by the city and the com-' pany.</p> <p>A person who was Mayor of the city in I860, 1870, 1871, 1875 and during other years to 1881, swears that according- to his recollection the city assumed the outstanding debt of the company, and took a mortgage on the engine to secure its repayment; that he was Mayor at the time the question of paying the companies came up; that he introduced a.n ordinance allowing compensation, and that to the best of his recollection it was not passed. No ordinance or contract allowing compensation is shown by the i-ecords of the city.</p> <p>A person who was Clerk of the City Council during- the years 1878, 1874 and 1875 swears that during- that time the city passed a resolution transferring the engine to the company, the amount due the company under a contract previously made