Legal Opinion

Spratley v. Board of Commissioners

Supreme Court of Kansas

Decided January 15, 1896No. 7913PublishedCited by 6 opinions

Error from Leavenworth District Court. Action brought by the Board of County Commissioners of Leavenworth county against John W. Spratley, formerly treasurer of that county, to recover interest collected by him upon funds which he had theretofore placed in the public depositories, and which it was alleged he illegally retains and refuses to deliver to his successor.

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Error from Leavenworth District Court. Action brought by the Board of County Commissioners of Leavenworth county against John W. Spratley, formerly treasurer of that county, to recover interest collected by him upon funds which he had theretofore placed in the public depositories, and which it was alleged he illegally retains and refuses to deliver to his successor. In his answer, Spratley alleged that he had delivered to his successor all public moneys which came into his hands other than such as had been duly paid out by him. He averred that certain railway companies deposited condemnation…

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.: The compensation of a county treasurer is determined by the number of inhabitants in the county for which he is elected, and as Leavenworth county has a population of over 25,000, the treasurer of that county is entitled to a salary of $4,000. This is the extreme limit of compensation that he can claim or retain for any official responsibility which he may assume, and for every official duty which he may perform. It is, as the statute says, “ In full for all services rendered by said treasurer or his deputies,” and he is required to…

2Cases cited1 opinion

  1. Blackshire v. Atchison, Topeka & Santa Fe Rld.Supreme Court of Kansas · 1874

3Cited by6 opinions

  1. Lawrence v. American Surety Co.Michigan Supreme Court · 1933
  2. Myers v. Board of County CommissionersSupreme Court of Kansas · 1899
  3. Chicago, Milwaukee & St. Paul Railway Co. v. Public Utilities CommissionIdaho Supreme Court · 1929
  4. Mermis v. JacksonCourt of Appeals for the Tenth Circuit · 1937
  5. Washington County v. Weiser National BankIdaho Supreme Court · 1927

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