Legal Opinion

Holmes v. Lucas County

Supreme Court of Iowa

Decided March 19, 1880PublishedCited by 4 opinions

Appeal from, Imcas District Oov/rt. Action to recover for costs, fees and salary due plaintiff for services rendered as Sheriff of Lucas county. The plaintiff pleaded a counter-claim for illegal fees, and for fees more than once paid through mistake. The cause was submitted to the court without a jury, and judgment rendered for plaintiff for a part of his claim. Both parties appeal.

1Opinion of the CourtBeck, J.

i. sheriff; salary; contract. I. In an amended petition the plaintiff claims one hundred and ten dollars, the balance due him upon his salary for 1877, which was fixed by the board of . . ... supervisors at its J anuary session of that year at $150. To this amended petition defendant demurred on the grounds: 1. That the supervisors had no authority to fix plaintiff’s salary before he had performed the services per-*212taming to the duties of his office for the year 1877. 2. That plaintiff accepted an allowance of fifty dollars as payment in full for his services. 3. The petition does not allege…

2Cited by4 opinions

  1. Goetzman v. WhitakerSupreme Court of Iowa · 1890
  2. Fidelity Savings Bank v. ReederSupreme Court of Iowa · 1909
  3. Kellogg v. Story CountySupreme Court of Iowa · 1934
  4. Kellogg v. Story CountySupreme Court of Iowa · 1934

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