Legal Opinion

Power v. Douglas County

Nebraska Supreme Court

Decided February 8, 1906No. 14,116PublishedCited by 4 opinions

Error to the district court for Douglas county: William A. Riddick, Judge.

1Opinion of the Court

Albert, C.

The district court sustained a general demurrer to plaintiff’s petition, and judgment went accordingly. The plaintiff brings error.

The question presented by the record is whether a county having over 60,000 inhabitants is liable to the sheriff for salaries paid by him to his deputies, where the fees of his office, after deducting his own salary, are insufficient for that purpose. The rule is well settled that a public officer is required to perform the duties of his office for the compensation fixed by law. He must perform every service required of him by law, and must look to the…

2Cases cited12 opinions

  1. City of Decatur v. VermillionIllinois Supreme Court · 1875
  2. Lethbridge v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1892
  3. Troup v. Morgan CountySupreme Court of Alabama · 1895
  4. State ex rel. Board of Commissioners v. SilverNebraska Supreme Court · 1879
  5. Bayha v. County of WebsterNebraska Supreme Court · 1885

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3Cited by4 opinions

  1. Board of County Com'rs of Creek County v. BruceSupreme Court of Oklahoma · 1915
  2. Eaton v. Bernalillo CountyNew Mexico Supreme Court · 1942
  3. Johnson v. JohnsonNebraska Supreme Court · 1942
  4. State ex rel. Ludden v. BartonNebraska Supreme Court · 1911

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