Ostland v. Porter
Supreme Court Of The Territory Of Dakota
Appeal from the district court of Burleigh county. A public officer whose duties and compensation are provided by law, cannot maintain an action for extra compensation promised by a party. Hatch v. Mann, 15 Wend. 41; Smith v. Whildin, 10 Pa. St. 281; Warner v. Grace, 14 Minn. 487; Parker v. Newland, 1 Hill, 87; Dillon Mun.
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Appeal from the district court of Burleigh county. A public officer whose duties and compensation are provided by law, cannot maintain an action for extra compensation promised by a party. Hatch v. Mann, 15 Wend. 41; Smith v. Whildin, 10 Pa. St. 281; Warner v. Grace, 14 Minn. 487; Parker v. Newland, 1 Hill, 87; Dillon Mun. Corp. 234. The court erred in refusing to give the following instructions: “That ii the defendant was under duress by order of the county commissioners of Burleigh county, and was treated by plaintiff under their orders, the plaintiff cannot recover.” Sackett’s…
1Opinion of the CourtPalmer, J.
This is an action brought to recover the sum of $343 which the respondent claims is due him from the appellant for medicine and professional services rendered during the year 1882. The case was tried by jury, and verdict was rendered for the plaintiff for the amount claimed in the complaint. Motion for new trial was denied, and the case passed to the supreme court. It appears from the record that upon the trial of the cause the plaintiff was examined as a witness in his own behalf, and upon his cross-examination various questions were asked him by defendant’s counsel, which were objected to…
2Cases cited2 opinions
- Hatch v. MannCourt for the Trial of Impeachments and Correction of Errors · 1835
- St. Maries v. PolleysWisconsin Supreme Court · 1879
3Cited by3 opinions
- Gale v. ShillockSupreme Court Of The Territory Of Dakota · 1886
- Petridge v. KolderupWashington Supreme Court · 1907
- St. Louis Car Co. v. Glover Equipment Co.Court of Appeals for the Eighth Circuit · 1924