State Ex Rel. Rusch v. Board of County Com'rs

The appellant was appointed as a deputy sheriff of Yellowstone county on February 20, 1945. His appointment had not been revoked on October 21, 1946, when his amended affidavit and application for writ of mandamus was filed in the district court. He rendered no service and performed no duty as such deputy during the months of April, May and June of 1945. This was because of sickness that incapacitated him from performing any service.

He was paid the salary fixed by the board of county commissioners for sheriffs’ deputies for the time prior to and after the three months’ period in which he did…