STATE Ex HESS v. AKRON (City) Et

OPINION

By MATTHEWS, J.

This is an original action in mandamus to compel the officers of the city of Akron to take the necessary proceedings to pay from unappropriated funds in the city treasury to the relator the sum of $979.07, claimed to be due him as unpaid salary for services as deputy bailiff of the Mun'clpal Court of Akron during the years 1931, 1932, 1933 and 1934.

The case was presented upon the admissions in the pleadings and an agreed statement of facts.

In the legislative act creating the Municipal Court of Akron, the judges of that court were authorized to appoint such deputy…