Legal Opinion

Burns v. Board of County Commissioners

South Dakota Supreme Court

Decided November 12, 1917No. File No. 4180PublishedCited by 2 opinions

Appeal from Circuit Court, Deuel County. Hon. 'Carr G. Sherwood, Judge. Action by D. A. Burns, against the board of county commissioners ' of Deuel county, South Dakota, to recover certain claimed official fees. From1 a judgment for plaintiff, and from an order denjdng a new trial, defendant appeals. (i) To point one of the opinion, Appellant cit.ed: Const., Art. 5, Secs. 19, 5; Pol.

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Appeal from Circuit Court, Deuel County. Hon. 'Carr G. Sherwood, Judge. Action by D. A. Burns, against the board of county commissioners ' of Deuel county, South Dakota, to recover certain claimed official fees. From1 a judgment for plaintiff, and from an order denjdng a new trial, defendant appeals. (i) To point one of the opinion, Appellant cit.ed: Const., Art. 5, Secs. 19, 5; Pol. Code, Secs. 2806-7-8, .2827, 2813, 2814, 2816; Laws 1911, Ch. 170; 29 Cyc. 1488; Dunbar v. Lbr. Co., 106 N. W. 389; Jordan v. Mellette 'County, 161 N. W. 279. Respondent cited: Pol. 'Code, Secs. 2806, 2809, 2827;…

1Opinion of the CourtGates, P. J.

From a judgment in favor of plaintiff and an order denying a new trial, defendants appeal. This appeal1 presents for determination a question that has been much mooted ini *428this state for the last 20 years; i. e., whether a county judge may, in addition to his salary, receive and retain for his own use fees for services while acting as a member of the board of commissioners of insanity. The several Attorneys General, beginning with the late Melvin Grigsby, have uniformly held’that the county judge could not lawfully retain such fees. See the following Attorney General’s opinions: Grigsby,…

2Cases cited4 opinions

  1. Wallner v. Chicago Consolidated Traction Co.Illinois Supreme Court · 1910
  2. Brown v. German-American Title & Trust Co.Supreme Court of Pennsylvania · 1896
  3. State v. RoddleSouth Dakota Supreme Court · 1900
  4. Dunbar v. Montreal River Lumber Co.Wisconsin Supreme Court · 1906

3Cited by2 opinions

  1. Tipton v. SandsMontana Supreme Court · 1936
  2. State ex rel. McMaster v. ReevesSouth Dakota Supreme Court · 1921

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