County of Sargent v. Cooper
North Dakota Supreme Court
Appeal from District Court, Ransom County; Allen> J. From a judgment in defendant’s favor on one, and in plaintiff’s favor on tbe other cause of action, both parties appealed. A person accepting a public office with a fixed salary is bound to perform the duties of the office for the salary, and cannot legally claim any additional compensation for incidental services, though such work was subsequently imposed upon such office.
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Appeal from District Court, Ransom County; Allen> J. From a judgment in defendant’s favor on one, and in plaintiff’s favor on tbe other cause of action, both parties appealed. A person accepting a public office with a fixed salary is bound to perform the duties of the office for the salary, and cannot legally claim any additional compensation for incidental services, though such work was subsequently imposed upon such office. Decatur v. Vermillion, 77 Ill. 315; Miami County v. Blake, 21 Ind. 32. No other compensation than the fixed salary is allowed a public officer, unless expressly provided…
1Opinion of the CourtFisk, J.
Action by Sargent county against its treasurer to recover certain fees and commissions. The facts were stipulated and found by the court as follows:
“I. That between the 1st day of January, 1909, and the 17th day of July, 1911, and acting pursuant to authority conferred upon him by law as such county treasurer, the defendant had collected and received the following sums of money from the following named persons, and from the following named sources, and for the following named purposes, to wit: From the state of North Dakota, as commissions on collections of the proceeds of school lands,…
2Cases cited2 opinions
- Hughes v. Board of Com'rsSouth Dakota Supreme Court · 1910
- Meier v. Sanborn CountySouth Dakota Supreme Court · 1911
3Cited by4 opinions
- State Ex Rel. Sprynczynatyk v. MillsNorth Dakota Supreme Court · 1994
- Frazier v. SchultzNorth Dakota Supreme Court · 1925
- Frazier v. SchultzNorth Dakota Supreme Court · 1925
- State Ex Rel. Sprynczynatyk v. MillsNorth Dakota Supreme Court · 1994