Youmans v. Board of County Commissioners

Citations

• 68 Kan. 104
• 74 P. 617
• 1903 Kan. LEXIS 414

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1, Orareis and OraicERS — Commissioners of Wyandotte County —Employment of Help. The board of county commissioners of Wyandotte county are authorized by chapter 117, Laws of 1899, to employ help in the office of the county clerk when in their judgment they deem the same necessary, and, in the absence of fraud or collusion, their conclusion cannot be reviewed by the courts. ' •</p> <p>2. -- Action for Salary by Assistant to County Clerk— Erroneous Instruction. In an action to recover upon a contract of employment entered into by the county commissioners of Wy-andotte county with the plaintiff, by which she was employed to perform services in the office of the county clerk of said county, where there is no fraud or collusion charged it is error for the court to instruct the jury substantially that, in determining the liability of the county, they should determine from the evidence whether the commissioners, in making the contract of employment, deemed the plaintiff’s services necessary, and whether they exercised a fair judgment as to the necessity for such clericaL help, or employed her from capricious motives.</p>