State ex rel. Arnauld v. Burke
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Houston, J. 1. "When the Constitution has fixed the salary of an oifioer, to be paid out of a speoial fund, all aots of any branch of the government which prevent or modify the execution of such a provision are unconstitutional, null and void. 33 A. 1313. 3.The salary of the Register of Conveyances is fixed by the Constitution and is to be paid out of the Judicial Expense Fund for the Parish of Orleans, by…
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APPEAL from the Civil District Court for the Parish of Orleans. Houston, J. 1. "When the Constitution has fixed the salary of an oifioer, to be paid out of a speoial fund, all aots of any branch of the government which prevent or modify the execution of such a provision are unconstitutional, null and void. 33 A. 1313. 3.The salary of the Register of Conveyances is fixed by the Constitution and is to be paid out of the Judicial Expense Fund for the Parish of Orleans, by preference over warrants issued only by legislative authority. Const. Arts. 144,140. 1. The Relator is not entitled to a…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
The Relator, who is the Recorder of Conveyances for the Parish of Orleans, and whose annual salary is fixed by tbe Constitution*, Article 144, at $2,500, claims to be paid, by preference, overall others seeking payment, out of the fund created by the Constitution, Article 146, and known as the “judicial fund,” where their salary is not likewise fixed.
After issue joined by the State Treasurer, the lower court rendered judgment agreeably to the prayer of tlie petition. From tliis judgment the defendant and a deputy clerk, who alleges an…
2Cases cited3 opinions
- Yorks's AppealSupreme Court of Pennsylvania · 1885
- Watterson v. FuellhartSupreme Court of Pennsylvania · 1895
- In re County Bridge, Nescopeck TownshipSupreme Court of Pennsylvania · 1888