Hosford v. City of Platte
South Dakota Supreme Court
Appeal from Circuit Court. Charles Mix County. Hon. Robert B. Tripp, Judge. Action by P. A. Hosford, against the City of Platte, to recovery for salary as' city attorney. From a judgment for defendant entered upon an order overruling a demurrer to defendant’s counterclaim, plaintiff appeals. (1) To .point one of the opinion, Respondent cited: 34 Cyc. 723; Wood v. N. Y., 73 N. Y. 556; Price v. Lancester Coi, .24 Pa.
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Appeal from Circuit Court. Charles Mix County. Hon. Robert B. Tripp, Judge. Action by P. A. Hosford, against the City of Platte, to recovery for salary as' city attorney. From a judgment for defendant entered upon an order overruling a demurrer to defendant’s counterclaim, plaintiff appeals. (1) To .point one of the opinion, Respondent cited: 34 Cyc. 723; Wood v. N. Y., 73 N. Y. 556; Price v. Lancester Coi, .24 Pa. Co. Ct. 225; Wiles v. McIntosh Co., 10 N. D. 594, 88 N. W. 710; Commonwealth v. Field, (Va.) 3 S. E. 882; Ellis v. Board of State Auditors, (Mich.) 65 N. W. 379. (2) To point two…
1Opinion of the CourtWhiting, J.
Plaintiff, while city attorney of defendant city, revised the ordinances of said city. No contract for extra compensation was entered. After the revision was completed, the oity paid plaintiff for such work; such payment being in addition to bis salary. For a later period in plaintiff’s term' o.f office defendant failed and refused to pay plaintiff his salary. This action was brought to recover such salary. The city pleaded as a counterclaim the amount paid plaintiff for revising the ordinances. Plaintiff demurred to such counterclaim, and the demurrer was overruled. From the order overruling…
2Cases cited3 opinions
- Sanders v. CommonwealthSupreme Court of Pennsylvania · 1887
- Wiles v. McIntosh CountyNorth Dakota Supreme Court · 1901
- Cloonan v. City of KingstonNew York Supreme Court · 1902
3Cited by2 opinions
- City of Redfield v. WhartonSouth Dakota Supreme Court · 1962
- City of Redfield v. WhartonSouth Dakota Supreme Court · 1962