City of Monticello v. Tate

Opinion of the Court by

Judge Cammack—

Reversing.

Leland P. Tate was elected police judge of the city of Monticello for a four-year term beginning iu January, 1942. He was inducted into- the United States Army under the Selective Service Act, 50 U. S. C. A. Appendix sec. 301 et seq., in April, 1943. The city council designated a substitute judge to act in Tate’s absence, and has been paying him $50 a month, the salary fixed by the council for the office. Tate instituted this action to recover his regular salary, and to enjoin the council from removing him from office, or “any way interfering…