Koch v. Kistler

HEIMBACH, P. J.,

We are again called upon to determine a controversy existing between the board of commissioners and the controller. By stipulation, the parties have waived jury trial and agreed that the matter is to be decided by the court.

The dispute, involving $250.02, arises out of the controller’s refusal to issue warrants, as being illegal, for the payment of an increase in salary granted by the salary board retroactively.

Summarized, the stipulated facts and testimony adduced are:

On January 7, 1974, the Carbon County Salary Board at a meeting created a department, primarily funded by the…