Fawcett v. Woodbury County
Supreme Court of Iowa
Appeal from Woodbury District Court. Action to recover compensation as deputy treasurer and collector of delinquent taxes. The plaintiff was appointed deputy treasurer of Woodbury county by one Rent, treasurer of tbe county, under section 859 of tbe Code. He entered upon and discharged the duties of bis office, and has been paid tbe five per cent allowed by statute on tbe amount collected.
Read the full summary
Appeal from Woodbury District Court. Action to recover compensation as deputy treasurer and collector of delinquent taxes. The plaintiff was appointed deputy treasurer of Woodbury county by one Rent, treasurer of tbe county, under section 859 of tbe Code. He entered upon and discharged the duties of bis office, and has been paid tbe five per cent allowed by statute on tbe amount collected. This action is brought to recover five per cent in addition to tbe amount allowed by statute, and upon tbe alleged ground that tlie board of supervisors of tbe county agreed to give him such extra…
1Opinion of the Court
Adams, Cu. J.
i county oe- ' pensat,lon°S: {¡oardoisupervisois Section 303, subdivision 14, of the Code, provides that tbe board of supervisors has power to fix tbe compensation of all services of county and township officers not otherwise provided for by law. It seems clear that where tbe compensation is provided for by law tbe board of supervisors cannot increase it. This appears not only from tbe fact that *155the power is not given, but is excluded by implication. Moreover, where compensation for ptiblic service is provided for by law, it must be conclusively presumed, we think, in the absence…
2Cases cited2 opinions
- Wilhelm v. Cedar CountySupreme Court of Iowa · 1878
- Hawk v. Marion CountySupreme Court of Iowa · 1878
3Cited by6 opinions
- Bay v. DavidsonSupreme Court of Iowa · 1907
- Adams County v. HunterSupreme Court of Iowa · 1889
- Ryce v. City of OsageSupreme Court of Iowa · 1893
- City of Council Bluffs v. WatermanSupreme Court of Iowa · 1892
- Bartch v. CutterUtah Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.