Board of Commissioners v. Shoemaker
Supreme Court of Kansas
Error from Norton District Court. Action brought by the Board of. Commissioners of Norton county against Shoemaker, the county clerk of that county, to recover, $375, alleged to have .been drawn by defendant, in excess of the salary allowed by ch. 113, Laws of 1877. Trial by the court, upon an agreed statement of facts, at the September Term, 1881, and judgment for the defendant. The plaintiff brings the case here.
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The only question involved in this case is, as to the constitutionality of ch, 113, Laws of 1877, entitled *78“An act to regulate the salaries of county clerk and county treasurer in certain counties therein named.” The objections urged against the act are two: first, that it is in violation of § 16 of art. 2 of the state constitution, which ordains: “No law shall be revived or amended, unless the new act contain the entire act revived, or the section or sections amended, and the section or sections so amended shall be repealed.” Second,…
2Cases cited4 opinions
- Beach v. LeahySupreme Court of Kansas · 1873
- State ex rel. Johnson v. HitchcockSupreme Court of Kansas · 1862
- Darling v. RodgersSupreme Court of Kansas · 1871
- Robinson v. PerrySupreme Court of Kansas · 1876
3Cited by19 opinions
- Anderson v. RitterbuschSupreme Court of Oklahoma · 1908
- Board of Com'rs v. Ætna Life Ins.Court of Appeals for the Eighth Circuit · 1898
- Rambo v. LarrabeeSupreme Court of Kansas · 1903
- Rathbone v. Board of Com'rsCourt of Appeals for the Eighth Circuit · 1897
- State Ex Rel. Smith v. BrownSupreme Court of Oklahoma · 1909
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