Legal Opinion

Board of Commissioners v. Atkinson

Wyoming Supreme Court

Decided August 29, 1893PublishedCited by 1 opinion

ERROR to District Court of Laramie County, Hon. RichaRD H. Soott, Judge. Action by Samuel Atkinson, clerk of the district court of Laramie County, against the board of the county commissioners of the County of Laramie for the salary of such office for the quarter ending September 30,1891. There was a difference between the clerk and the board respecting the application of the law requiring the clerk to account for the fees of his office, to the fees collected in probate…

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ERROR to District Court of Laramie County, Hon. RichaRD H. Soott, Judge. Action by Samuel Atkinson, clerk of the district court of Laramie County, against the board of the county commissioners of the County of Laramie for the salary of such office for the quarter ending September 30,1891. There was a difference between the clerk and the board respecting the application of the law requiring the clerk to account for the fees of his office, to the fees collected in probate matters. The other facts are fully stated in the opinion. Counsel contended that the county board was entitled to withhold…

1Opinion of the Court

Groesreck, Chiee Justice.

Defendant in error brought suit in the district court for Laramie County for his salary as clerk of the district court of that county for the months of July, August and September, 1891, in the sum of $500.00. Plaintiff in error answered that one of the sureties on the official bond died after the qualification of defendant in error as clerk of said court, and that it, as the board of county commissioners, by reason of the fact of the death of such surety, made an order requiring the defendant in error as clerk of the district court aforesaid, to furnish a new official…

2Cases cited5 opinions

  1. Fitzsimmons v. . City of BrooklynNew York Court of Appeals · 1886
  2. Wallace v. LawyerIndiana Supreme Court · 1876
  3. Cullom v. DolloffIllinois Supreme Court · 1880
  4. Palo Alto County v. BurlingameSupreme Court of Iowa · 1887
  5. State ex rel. Moniac v. BrewerSupreme Court of Alabama · 1878

3Cited by1 opinion

  1. Grover Irrigation & Land Co. v. Lovella Ditch, Reservoir & Irrigation Co.Wyoming Supreme Court · 1913

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