Franks v. City of Ponca City

This is an appeal from a judgment of the district court of Kay county, Okla., denying the claim of the plaintiff against the defendant for an amount claimed as salary due for services rendered as chief of police.

The defense was that the plaintiff was not a de jure officer and that a de facto officer is not entitled to a salary. The record shows that the plaintiff was a de facto officer and that no other person claimed title to the office.

The provisions of the charter of the defendant, which are applicable, are as follows:

“Section 45. Qualifications. Every person elected or appointed to any…