Bozeman v. State ex rel. Anderson

330 S.W.2d 553, 206 Tenn. 23, 10 McCanless 23, 1959 Tenn. LEXIS 419
CourtTennessee Supreme Court
DecidedDecember 11, 1959
StatusPublished
Cited by1 cases

This text of 330 S.W.2d 553 (Bozeman v. State ex rel. Anderson) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bozeman v. State ex rel. Anderson, 330 S.W.2d 553, 206 Tenn. 23, 10 McCanless 23, 1959 Tenn. LEXIS 419 (Tenn. 1959).

Opinion

Mr. Justice TomliNsoN

delivered tfie opinion of tfie Court.

It is declared by a Knox County Quarterly Court resolution of August 4, 1956 tfiat Anderson & Anderson, a law firm at Knoxville, submitted its bill of $10,000 for professional services rendered under a contract of em: ployment authorized by that Court. After discussion, pro and con, tfie appropriation was made. Tfie County Judge refused tfie demand of Anderson & Anderson to issue tfie county’s warrant in payment, tfie appropriation notwithstanding. Tfiat brought on this suit wherein tfie Circuit Court adjudged relators entitled to tfie peremptory writ of mandamus requiring tfie issuance of the warrant. This appeal followed.

By private legislative act of 1937 there was created for Knox County a Board of County Commissioners, Priv. Acts 1937, e. 183. Certain governmental activities, administrative in nature, and certain appointive powers were taken from tfie Quarterly Court and administrative [26]*26Boards, such, as the Beer Board, and vested in this Knox County Board of County Commissioners. By reason thereof a serious dispute of several years duration had existed between the County Commissioners, on the one hand, and on the other, the Quarterly Court and various County Boards as to who had what authority with reference to particular county governmental matters. An unwholesome official atmosphere and attitdue and considerable litigation resulted. The professional services for which this suit is brought were rendered in connection with some of those disputes and lawsuits.

The right of the Quarterly Court to employ special counsel to represent it in cases and matters of this character is conceded, if properly authorized. The County Attorney so advised the Quarterly Court before or at the time of its employment resolution. The question here is whether the Quarterly Court properly authorized such employment so as to be liable for the services rendered and by it recognized, all as adjudged by the Circuit Court. The review on this appeal from such adjudication will be considerably narrowed by giving proper effect to the rulé that:

“The records of the court are held to be the sole witness of the proceedings to employ counsel and authorize a charge against the county to pay him compensation.” Epps v. Washington County, 173 Tenn. 373, 376, 117 S.W.2d 749, 750.

At a special session of the Quarterly Court on July 25, 1955 that Court appointed a committee from its members.

[27]*27“to confer and contract with Anderson and Anderson, Attorneys, of Knoxville to represent Knox County in connection with the disputed matters hereinabove referred to and particularly to advise the Court whether or not the appropriations appearing in the budget are authorized by law, and if necessary to institute suits to determine the constitutionality of certain Acts of the Legislature above referred to, and upon the basis of which appropriations have heretofore been made by the Court. Said Committee is authorized to contract with said attorneys for reasonable attorney’s fees to be paid to them for such services by the County. ’ ’

The disputed matters were those generally mentioned at the outset of this opinion.

An item in re employment of attorneys to represent the County with reference to the matters mentioned was not included in the call for that special session of the Court. Hence, the County Judge says that the resolution authorizing and directing such employment was ineffective.

There is in the minutes of the meeting of the Quarterly Court meeting of December 5, 1955 this:

“In Re: Resolution, Committee appointed to employ counsel to represent the county with respect to certain matters ’ ’.

The resolution was that the action of that Court in appointing said committee referred to in the previous resolution at its special session “for the purposes stated be in all respects ratified and approved, and that said Committee (naming them) * * * be and they are hereby reappointed for the purposes herein set forth, to continue as said Committee until the matters in dispute are fully [28]*28and finally settled, and the action of the Committee in employing said connsel is hereby ratified and approved, and when said services shall have been completed, said Committee will make a report to the Court with respect to reasonable compensation to be paid to said attorneys for their services. ’ ’

The minutes recite that “said resolution was adopted on roll call, and said roll call being as follows:”

The effect of this December 5, 1955 resolution was to legalize by ratification that which had been done under the previous resolution. A legislature may ratify and approve that which has been irregularly done by it, if, in the absence of such irregularity in the beginning, such action would have been completely legal. Baker v. Milam, 191 Tenn. 54, 60, 231 S.W.2d 381. Since the Quarterly Court could have authorized such employment at its special session, except for the fact that it was not an item included in the call, and since such Quarterly Court is a legislative body with reference to such a county matter, it follows that the irregularity in the employment of Anderson & Anderson was corrected, and the employment made legally effective.

In the subsequent Quarterly Court resolution of August 4, 1956, it is recited that:

“Esq. Bayless offered a motion that Anderson and Anderson, Attorneys, be paid the $10,000.00 out of the general purpose fund of the County, said motion was duly seconded by Esq. Knott.”

In the discussion which followed Mr. Anderson, Sr., in response to an inquiry by a member of the Court [29]*29“explained to the Court in detail in regard to his fees * * ”, and then follows this statement:

“Reverting to the original motion of Esq. Bayless to pay the firm of Anderson and Anderson, said motion carried on roll call, said roll call being as follows:”— naming ten Justices voting for the resolution and five against it.

This was an official recognition by the County through its Quarterly Court that Anderson & Anderson had rendered the professional services for which that law firm was employed; and that the amount, therefore, owed by the County to this firm was $10,000. Accordingly, that amount was appropriated out of the county tax account. No one questioned the amount of the fee as being unreasonable.

Ordinarily, that which is reflected by the minutes of this Quarterly Court, and hereinbefore stated, should have settled the matter, once and for all, and leave the County Judge without any discretion as to whether the warrant for the money so appropriated should be issued. But other objections are interposed.

At the time of the passage of the ratifying resolution of December 5, 1955 there was pending in the Supreme Court of Tennessee with reference to these matters the following cases, the first two of which were decided by that Court on June 8,1956, and the third on December 9, 1955, to wit: State ex rel. Maynard v. Armstrong, 200 Tenn. 191, 292 S.W.2d 7; Bayless v. Maynard, 200 Tenn.

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330 S.W.2d 553, 206 Tenn. 23, 10 McCanless 23, 1959 Tenn. LEXIS 419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bozeman-v-state-ex-rel-anderson-tenn-1959.