The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1883-06-26
HEA D-NOTEs OF DECISIONS OR ~.
SUPREME COURT OF FLORIn.
June Term, a. ID. 1889.

The CITY of Jacksonville VS. The 1Etna s,...
Fire Engine Company. from DnsuI
Couuty-Trial by Referee.
WEsrCoTT, J.:
Where The declaration sets up a cs,..
action cnuring jointly To several parties an, y
a;pcqrs upon its face that only some of The -;
contractors ale plaintiffs, tho death or otlss ,
showing sur, worship OF the right of action !.
The Plaintiffs being sci up,) ii is ,cmurrnhl. =,
feet, and demurrer of plaintiffs To defendant,
pleas in bar should be ovcrrulcd whe,her ~.
pleas in bar sci up good defence or not
, No obligation 10 pay the members Of a 70,
unt.cr association for the eXtnguishinp Of a..
in "A municipal corporation arises or is imn;sI
from The simple rendition Of such service sn1
where they clam compensation the burden ~
moot is upon :hcm 10 show a contract IN n,
effect.
The evidence in The record of this Case is su,.
siantitlly rs follows
The record al the city covering the n,s,ts, .,
tl.. compensation oi the .Etna Steam Fire =,
zine Company clearly dsclosrs u state of f.e,.
and contract which admits debt by the ass,,ci
ton to The corporation Oh the 10Th of March 4
-. ISL and provides for lis satisfaction and r.r
;n,n' hy >clvicr 10 be rendered thereafter. nnoD
i.Irns to he thereafter agreed upon bv In. ,i,S
ard the company.
\ person who was Mayor of the CITY in 1seo
1870, 1871 1915 ard during other years 10 lssI
swear, that according To his recollection the civ
assumed The outstanding debt of the com,,any
aud took "A mortgage on the engine 10 secure is r.
payment; that he was Mayor at The time The
question of paying the companies came M: tbs,
hr Introduced An ordinance allowing cunpensa
lion, and that TO the best of his recollcciion !,
was not passed. No ordinance or contract allow.
;ng compensation is shown by the records of ,Ls
city.
person Who WAS Clerk of the CITY Connect
'lurng the year, 1913, 1874 and 1873 swears thai
duTlng lhat time the city passed IA resolution
transferring ilit. engine To the COMPANY The
amount due 'lr company under ii contract mr.
vi"uely made with them and Ia his term of Office
10 be allowed as payment for Tie engine. in
whole or in part far rs ii would 90 This
resolution, he sw ears was lost while he was CLERK
and before lac recorded it. The contract he
aWcars, provided i'll terms that the CITY should
pay 10 each ct the fire companies twenty five
dollars tor each hour they worked at fire in the
city, HAT he only remembers having seen and
Irl over; that he does not recOlleci its date and
that il Was lost while he was Clerk HeLd That
The finding Oi referee awarding damages al The
rate "f so per hour for services rendered from
February II, 1871, In and including July, 1878
iNT the sum OF $4,000 giving credit for the al
united debt OF the company to the city of 81 5U
nn III" 18th OF March, 1871, is clearly CONTRARY
t" the evidence, and the only consistent construc-
llph ol me testimony ol The Clerk with the rec
ords ol the city and the acts OF The parties is that
The contract, To the existence of which he swears
bore date before the 18th OF February, A. ID
ISL and was thus controlled by the terms Of the
subsequent contract OF that date and that such
finding Ol the referee, being clearly contrary Ia
the testimony, should be set aside and new Trial
awarded.
Judgment reversed with directions as To pro
ceedings upon The demurrer, and new trial
awarded.
{. L. X J. G. Cooper and John f. farlridge
Appellants; T. A. Mcdonnell and A. W. Cockrrl,
Tor A?pclecs