O'Hara v. Town of Park River
North Dakota Supreme Court
PPEAL from district court, Walsh county; Hon. Charles F. Templeton, Judge. Plaintiff accepted salary un-, der the ordinance, which he now claims was invalid; by such acceptance his salary was fixed: Thomas v. St. Clair Co. Supervisors, 8 N. W. 45; Brick v. Plymouth Co. 19 id. 304; Bryan v. Des Moines, 51 Iowa, 590. Fixing the salary at $25 a month was the same as fixing it at $300 a year, for the board had no power to change the salary during the term for which the officer…
Read the full summary
PPEAL from district court, Walsh county; Hon. Charles F. Templeton, Judge. Plaintiff accepted salary un-, der the ordinance, which he now claims was invalid; by such acceptance his salary was fixed: Thomas v. St. Clair Co. Supervisors, 8 N. W. 45; Brick v. Plymouth Co. 19 id. 304; Bryan v. Des Moines, 51 Iowa, 590. Fixing the salary at $25 a month was the same as fixing it at $300 a year, for the board had no power to change the salary during the term for which the officer was elected; therefore acceptance of one month’s salary as fixed by the board, was a ratification and acceptance of the…
1Opinion of the CourtBartholomew, J.
This action was brought by plaintiff to recover a balance of salary claimed to be due as marshal of the defendant town. The case was tried to the court The complaint, after' alleging the incorporation of the defendant under the general laws of the territory of Dakota, set out a by-law of defendant, known as “By-law No. 9,” duly passed and adopted in February, 1885, and duly published, fixing the salary of the marshal' at “the sum of $50 per month, payable at the end of each month,” and alleged that said by-law had never been repealed or amended; alleged that on the 7th day of May, 1888,…
2Cases cited5 opinions
- Purdy v. City of IndependenceSupreme Court of Iowa · 1888
- Harding v. County of MontgomerySupreme Court of Iowa · 1880
- O'Herrin v. Milwaukee CountyWisconsin Supreme Court · 1886
- Clarke v. County of MilwaukeeWisconsin Supreme Court · 1881
- Thomas v. Board of SupervisorsMichigan Supreme Court · 1881
3Cited by11 opinions
- Be Boest v. GambellOregon Supreme Court · 1899
- Rhodes v. City of TacomaWashington Supreme Court · 1917
- Steele v. City of ChattanoogaCourt of Appeals of Tennessee · 1935
- Wright v. Village of WilderIdaho Supreme Court · 1941
- Ramsey County Farm Bureau v. Ramsey CountyNorth Dakota Supreme Court · 2008
6 more not listed; retrieve them via the Exa API.