Fuller v. Roberts County
South Dakota Supreme Court
Appeal from circuit court, Roberts county. Hon. J. O. Andrews, Judge. Action to recovery a salary as county judge. Judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. Salary paid to the defacto officer, under the circumstances of this case, is a complete defense to the action. 5 Am. & Eng. Encyc. of Law 109; 19 Id. 531; 1 Mechem Pub. Off., § 332; Auditors v. Benoit, 20 Mich. 176; 4 Am.
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Appeal from circuit court, Roberts county. Hon. J. O. Andrews, Judge. Action to recovery a salary as county judge. Judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. Salary paid to the defacto officer, under the circumstances of this case, is a complete defense to the action. 5 Am. & Eng. Encyc. of Law 109; 19 Id. 531; 1 Mechem Pub. Off., § 332; Auditors v. Benoit, 20 Mich. 176; 4 Am. Rep. 382, Connor v. Mayor, 5 N. Y. 285; McManus v. Brooklyn, 25 N. Y. (S. R.) 939; McVeauxy v.' Mayor, 30 N. Y. 185, 36 Am. Rep. 600; Smith v. Mayor, 37 N. Y. 518; Dolan v.…
1Opinion of the CourtCorson, P. J.
The plaintiff, claiming to be the legally elected county judge of the defendant county for the term commencing on the first Monday in Janaary, 1893, brought this action to recover the sum of $750, balance claimed to be due him as such county judge. Judgment was rendered in his favor for $600, and the defendant appeals.
*217The action was tried by the court without a jury, and its findings oí fact are as follows: “First. That a general election was held in said Roberts county on the 8th day of November, 1892, and that at said election the plaintiff, Burt Fuller, was duly elected to the office of…
2Cases cited4 opinions
- Commissioners of Saline Co. v. AndersonSupreme Court of Kansas · 1878
- Fylpaa v. Brown CountySouth Dakota Supreme Court · 1895
- Driscoll v. JonesSouth Dakota Supreme Court · 1890
- Singer Manuf'g Co. v. PeckSouth Dakota Supreme Court · 1896
3Cited by4 opinions
- Stearns, Mayor v. SimsSupreme Court of Oklahoma · 1909
- City of Terre Haute v. BurnsIndiana Court of Appeals · 1917
- State Ex Rel. Godby v. HagerWest Virginia Supreme Court · 1970
- Fuller v. Roberts CountySouth Dakota Supreme Court · 1896