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

Mr. Justice’Angstman

(dissenting).

I think my associates are in error in holding that a deputy sheriff is not an officer within the meaning of the rule that makes the salary an incident to the office.

“Although in some jurisdictions it is held that a deputy is not a public officer,,the weight of authority appears to be the other way, especially where the appointment is permanent and not merely casual for a special service, and where he is required by statute to take an oath of office.” 43 Am. Jur., p. 220, sec. 462.

In this state deputies must, take and file an oath “in the manner required of…