Legal Opinion

Michel v. City of New Orleans

Supreme Court of Louisiana

Decided November 15, 1880No. 5217PublishedCited by 7 opinions

APPEAL from the Superior District Court, parish of Orleans. Hawkins, J. First — The dejure officer, though prevented by the officer defacto from performing the duties, is, nevertheless, entitled to the salary of the office. Second. — The City of New Orleans, which elects a person to fill an office, knowing that another person has been lawfully appointed by the Governor, is liable to the officer de jure for the salary of the office.

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APPEAL from the Superior District Court, parish of Orleans. Hawkins, J. First — The dejure officer, though prevented by the officer defacto from performing the duties, is, nevertheless, entitled to the salary of the office. Second. — The City of New Orleans, which elects a person to fill an office, knowing that another person has been lawfully appointed by the Governor, is liable to the officer de jure for the salary of the office. Third — The payment of the salary for a part or all the time, during which the dejure officer was deprived of his office, to the defacto officer, is no defense to…

1Opinion of the Court

The opinion of the Court was delivered by

Poché, J.

Plaintiff sues the City of New Orleans for his salary as Becorder of the Sixth District, from the 20th of September, 1872, to the 20th of May, 1873, at the rate of ®2500 per annum, and for the sum of three hundred dollars as damages for expenses incurred for the recovery of his salary.

He alleges his appointment to the office by the Governor of the State, to fill a vacancy occasioned therein by the failure of the City Council to elect an incumbent to the office on the 4th of April, 1872, at which time the term of office of Benj. Campbell, then…

2Cases cited2 opinions

  1. Sloane v. ShifferSupreme Court of Pennsylvania · 1893
  2. Loeber v. LoeberCourt of Appeals of Maryland · 1892

3Cited by7 opinions

  1. Ransom v. City of BostonMassachusetts Supreme Judicial Court · 1906
  2. Stearns, Mayor v. SimsSupreme Court of Oklahoma · 1909
  3. Brown v. Tama CountySupreme Court of Iowa · 1904
  4. Nall v. CoulterCourt of Appeals of Kentucky · 1904
  5. McCollister v. Police Jury of Sabine ParishLouisiana Court of Appeal · 1940

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