Board of County Commissioners v. Litton

The majority opinion is, in my judgment, incorrect and I am compelled to dissent. Since September 14, 1909, it has been the law in this State that where a de jure chief of police, who was elected to office and who is, pending the trial of charges against him in the District Court, wrongfully suspended by order of the judge thereof, which said order is later set aside and said suit dismissed and where said City pays a de facto chief of police during his incumbency, the salary provided by law, said de jure officer after obtaining possession of the office cannot recover from the City the salary…