Boyle v. Ogden City
Utah Supreme Court
Appeal from the Second District Court, Weber County.— Ron. R. R. Bolapp, Judge. , Action by the plaintiff to recover $1,200, with interest, which he claims is due him as a balance of salary for his' services as mayor of the defendant city. From a judgment in favor of the plaintiff, the defendant appealed. In the ease at bar the mayor’s salary was adjusted on the basis proposed by him in his ordinance. It was a voluntary act on his part.
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Appeal from the Second District Court, Weber County.— Ron. R. R. Bolapp, Judge. , Action by the plaintiff to recover $1,200, with interest, which he claims is due him as a balance of salary for his' services as mayor of the defendant city. From a judgment in favor of the plaintiff, the defendant appealed. In the ease at bar the mayor’s salary was adjusted on the basis proposed by him in his ordinance. It was a voluntary act on his part. There was no fraud or deceit practiced, which induced Mr. Doyle to forego his rights. He went at it with his eyes open, even knowing the ordinance had been in…
1Opinion of the CourtBartoh, J.
(after stating the facts).
We are of the opinion that counsel for the appellant is correct in his contention that the court erred in entering judgment in favor of the plaintiff. The facts and circumstances shown by the record do not appear to warrant the judgment. Undoubtedly, 1 if the mayor had been guilty of no conduct amounting *448to a waiver of. a portion of Ms salary, or estopping him from claiming it, he would be entitled to the whole amount of the salary as fixed by ordinance at the time of his election. Notwithstanding the fact, however, that he was entitled by law to a salary of $1,200…
2Cases cited6 opinions
- Be Boest v. GambellOregon Supreme Court · 1899
- Hobbs v. . the City of YonkersNew York Court of Appeals · 1886
- Harvey v. Tama CountySupreme Court of Iowa · 1880
- O'Hara v. Town of Park RiverNorth Dakota Supreme Court · 1890
- Hulaniski v. Ogden CityUtah Supreme Court · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hicks v. Stillwater CountyMontana Supreme Court · 1929
- Wright v. Village of WilderIdaho Supreme Court · 1941
- In re Bell's EstateUtah Supreme Court · 1905