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eBook details

• Title: Pue v. County of Lewis and Clark
• Author : Supreme Court of Montana
• Release Date : January 22, 1926
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Counties ? Health Officer ? Powers ? Nuisances ? Abatement ? Unauthorized Contracts ? Non-liability of County ? Estoppel ? Pleading. Counties ? Health Officer ? Appointment of Deputy Unauthorized. 1. Held, that the sections of the 1921 Revised Codes, making provision for the appointment of a county health officer, do not provide for a deputy health officer. Same ? Nuisances ? Abatement ? Limit of Power of Health Officer. 2. The county health officer has no power to take steps for the abatement of nuisances or the removal of sources of filth and incur expense in connection therewith, without first having received authorization from the county board of health. Same ? County Officers ? Powers ? Unauthorized Contracts ? Duty of Persons Contracting. 3. A person dealing with a municipal corporation (a county) through one of its agents is bound to know the nature and extent of the latters authority, and if he makes an unauthorized contract he does so at his own risk. Same ? Contracts ? When Void. 4. A contract of a municipal corporation made otherwise than as prescribed by the statute is not binding and a recovery cannot be had thereon. Estoppel must be Pleaded. 5. Where a party had opportunity to plead estoppel but failed to do so he is in no position to avail himself of that defense on appeal based on evidence admitted over objection of his adversary.

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