Newitt v. Board of Commissioners

Newitt was plaintiff below, demurrer to his complaint was sustained, judgment went against him and he brings error.

The action was to recover back salary as county judge of Chaffee county for the first six months of 1925. The complaint stated two causes of action based upon different theories of the plaintiff’s rights. The first was based upon the following facts: The plaintiff’s salary for said six months, as fixed by statute, was $1,050. During a former term he acted as his own clerk (as he might lawfully do under the statute), fixed his clerk’s salary at $75 per month, which the defendant…