Tubman v. Berwager

This appeal is from an order of the Circuit Court for Carroll County sustaining a demurrer to a petition for mandamus and dismissing the petition. Vincent A. Tubman served as a Trial Magistrate in Carroll County for about 8 years prior to May, 1947, under successive appointments by the governor for two year terms. He was reappointed by Governor Lane for the term beginning May 5, 1947, and the appointment was duly confirmed by the Senate. His salary during his first two terms was $1,200 a year, during his third term, $1,500 a year, during his fourth term, $1,920 a year. On April 11, 1947, the…