Binger v. Board of County Commissioners

The opinion of the court was delivered by

Harvey, J.:

This was an action to determine the annual salary of the clerk of the district court of Shawnee county, which has a population of more than 85,000 and less than 90,000. Plaintiff contends the salary is $3,250 under R. S. 28-202. Defendant contends it is $3,000 under R. S. 28-117 as amended by chapter 166 of the Laws of 1925. The legal question presented is, Which of these statutes applies? The trial court held for defendant. Plaintiff has appealed.

All the sections of our Revised Statutes of 1923 (except the specific sections which were…