Hawkins v. Watkins
Supreme Court of Minnesota
An alternative writ of mandamus was issued by the district court for Carlton county, directing the defendant, who is county auditor, to-issue warrants to the plaintiff for his salary as county attorney, at, the rate of $900 per annum.
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An alternative writ of mandamus was issued by the district court for Carlton county, directing the defendant, who is county auditor, to-issue warrants to the plaintiff for his salary as county attorney, at, the rate of $900 per annum. The defendant answered, alleging that, the salary of plaintiff, having been fixed at $900, was afterwards, by resolution of the board of county commissioners, reduced to $300. Defendant appeals from an order by Stearns, J., sustaining a demurrer to the answer, and directing a peremptory writ to issue.
1Opinion of the CourtVanderburgh, J.
Prior to the amendment of 1870, the statute-provided that county attorneys should “receive a salary of not exceeding twelve hundred dollars per annum, to be fixed by the board of county commissioners, and paid from the treasury of the county.” By Laws 1870, c. 33, this section was amended so as to read as follows : “The county attorneys shall receive a salary of not exceeding twelve hundred dollars per annum, to be fixed by the board of county commissioners: * * * provided, that any county attorney feeling himself aggrieved by the act of the county commissioners in fixing such salary may…
2Cited by1 opinion
- Rockwell v. County of FillmoreSupreme Court of Minnesota · 1891