Weza v. Auditor General

On November 7, 1938, plaintiff was duly elected, and thereafter qualified, as representative in the State house of representatives from the Ontonagon district, and served in such capacity during the entire legislative session of 1939. Since August 31,1939, plaintiff has acted as Ontonagon county school commissioner, having received this office by appointment to fill a vacancy on or about that date.

Defendants have refused to issue vouchers for payment of plaintiff’s per diem compensation as State representative since December 15, 1939, on the ground that plaintiff, by his acceptance of the…