State Ex Rel. O'Connor v. Riedel

RAGLAND, J. —

Mandamus. This proceeding was originally brought at the relation of Lewis O’Connor, the Prosecuting Attorney of Marion County, to compel the county court of that county to pay him the balance of the salary which he contended was due him as .prosecuting attorney for the months of January and February, 1931. Before final submission Mr. O ’Connor died and the cause was revived in the name of the administratrix of his estate.

The county court had paid relatrix’s intestate for the months of January and February on the basis of an annual salary of $2,500. He then insisted, as does…