Orthwein v. City of St. Louis
Supreme Court of Missouri
Appeal from the St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. (1) The fact that plaintiff Clayton and his assignors accepted payment, monthly, of a part of'the salary '.due them for public service as inspectors (as fixed by the city ordinance) and gave monthly receipts therefor, does not bar the right to recover the residue of the lawful salary.
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Appeal from the St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. (1) The fact that plaintiff Clayton and his assignors accepted payment, monthly, of a part of'the salary '.due them for public service as inspectors (as fixed by the city ordinance) and gave monthly receipts therefor, does not bar the right to recover the residue of the lawful salary. People v. Police Board, 75 N. Y. 38; Grant v. Rochester, 175 N. Y. 473; Glavey v. United States, 182 U. S. 595; Golding v. New York, 140 N. Y. Supp. 1020. When the- statutes invest a municipal corporation with power to fix compensation…
1Opinion of the Court
BROWN, C.:This suit was begun September 20, 1902, since which time Daniel A. Clayton, tire original plaintiff, has died, and the cause has been revived and is now proceeding in the name of his administrator.
Mr. Clayton sued for himself and as assignee of twenty-one others of claims which depend substantially upon the same facts. Each is separately stated in the twenty-two counts of the petition, and they amount in all to $23,709, for which, with accrued interest, judgment is asked.
Each count is a fair type of all the others, and alleges, in substance, the appointment of the original claimant…
Also in this document: Per curiam.
2Cases cited6 opinions
- Glavey v. United StatesSupreme Court of the United States · 1901
- Kehn v. . State of New YorkNew York Court of Appeals · 1883
- State ex rel. Evans v. GordonSupreme Court of Missouri · 1912
- State ex rel. Chapman v. WalbridgeSupreme Court of Missouri · 1899
- Bates v. City of St. LouisSupreme Court of Missouri · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State Ex Rel. Rothrum v. DarbySupreme Court of Missouri · 1940
- Reed v. Jackson CountySupreme Court of Missouri · 1940