Tanner v. Edwards
Utah Supreme Court
Appeal from District Court, Salt Lake County; T. D. Lewis, Judge. Mandamus, on the relation of Caleb Tanner, to compel John A. Edwards, as auditor of public accounts, to issue a warrant in favor of relator, and from, a judgment issuing the peremptory writ, respondent appeals. APPELLANT^ POINTS.
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Appeal from District Court, Salt Lake County; T. D. Lewis, Judge. Mandamus, on the relation of Caleb Tanner, to compel John A. Edwards, as auditor of public accounts, to issue a warrant in favor of relator, and from, a judgment issuing the peremptory writ, respondent appeals. APPELLANT^ POINTS. No claim can be brought for the salary or perquisites of an office for any period during which the claimant was not actually in office, even though wrongly hindered from occupying-the position, the salary being the reward for expressed services. (Smith v. Mayor, 37 N. T. 518; Queen v. Atlanta, 59…
1Opinion of the Court
BART OH, O. J.
Upon the bearing o-f an application therefor, which was made by the relator, Caleb Tanner, the district court issued a peremptory writ of mandamus to compel the auditor of public accounts, the defendant, to draw a warrant, in favor of the relator, in payment of salary, as state engineer, from March 15 to March 31, 1905, for the sum of $141.66. From that judgment the auditor appealed to this court.
The controlling question presented is whether .the State 'Auditor can refuse to issue a warrant for the salary of an officer for a portion of the time during which such officer did not…
2Cases cited14 opinions
- Fitzsimmons v. . City of BrooklynNew York Court of Appeals · 1886
- Board of Auditors v. BenoitMichigan Supreme Court · 1870
- Nichols v. . MacLeanNew York Court of Appeals · 1886
- People ex rel. Dorsey v. SmythCalifornia Supreme Court · 1865
- Andrews v. City of PortlandSupreme Judicial Court of Maine · 1887
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Stearns, Mayor v. SimsSupreme Court of Oklahoma · 1909
- State Ex Rel. Gallagher v. Kansas CitySupreme Court of Missouri · 1928
- Ness v. City of FargoNorth Dakota Supreme Court · 1933
- State Ex Rel. Godby v. HagerWest Virginia Supreme Court · 1970
- Drach v. LeckenbySupreme Court of Colorado · 1918
5 more not listed; retrieve them via the Exa API.