Baker v. Board of County Commissioners
Wyoming Supreme Court
Reserved questions from the District Court, Crook County, Hon. Joseph L. Stotts, Judge. The case and question is stated in the opinion. The lucrativeness of an office does not depend upon the amount of the compensation attached to it. The office of coroner is a lucrative office. (Ency. L., Yol. 13, 1192; Dailey v. State, 8 Blackf., 329; Howard v. Shoemaker, 35 Ind., Ill; Grd.
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Reserved questions from the District Court, Crook County, Hon. Joseph L. Stotts, Judge. The case and question is stated in the opinion. The lucrativeness of an office does not depend upon the amount of the compensation attached to it. The office of coroner is a lucrative office. (Ency. L., Yol. 13, 1192; Dailey v. State, 8 Blackf., 329; Howard v. Shoemaker, 35 Ind., Ill; Grd. Island Gas Co. v. West, 28 Neb., 852; McElhinney v. City, 32 Neb., 744. The contract in the case is in violation of Sec. 129 of the Crimes Act (R. S., § 5095) and therefore ultra vires. It is against public policy to…
1Opinion of the Court
Corn, Justice.
This case is before us upon a question reserved by the judge of the District Court of Crook County. The question is as follows: “Can the Board of County Commissioners legally enter into a contract with, or employ, the coroner of the county (who is a practicing physician) for a period of one year, at a reasonable compensation, to furnish medicine and medical attendance for the poor and paupers of the county ? ’ ’
The question as to the power of the board arises mainly upon the construction of Sec. 5095, Revised Statutes, which is as follows: ‘1 Any State officer, county…
2Cases cited6 opinions
- United States v. BrindleSupreme Court of the United States · 1884
- Mayor of Niles v. MuzzyMichigan Supreme Court · 1875
- State ex rel. City of Columbus v. HauserIndiana Supreme Court · 1878
- McBride v. City of Grand RapidsMichigan Supreme Court · 1881
- People v. DolanWyoming Supreme Court · 1895
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3Cited by21 opinions
- Willis v. PottsTexas Supreme Court · 1964
- Dawkins v. MeyerTexas Supreme Court · 1992
- Ex Parte RoquemoreCourt of Criminal Appeals of Texas · 1910
- Ex Parte MuckenfussCourt of Criminal Appeals of Texas · 1908
- Haskins v. State Ex Rel. HarringtonWyoming Supreme Court · 1973
16 more not listed; retrieve them via the Exa API.