Legal Opinion

Polk v. Minnehaha County

Supreme Court Of The Territory Of Dakota

Decided February 23, 1888PublishedCited by 4 opinions

Appeal from the district court, Minnehaha county; Hon. C. S. Palmee, Judge. A public office is a right to exercise a public employment. The right to the fees and emoluments are stated to be co-extensive with the office. The fees are incident to it, as fully as are the rents and profits of lands.

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Appeal from the district court, Minnehaha county; Hon. C. S. Palmee, Judge. A public office is a right to exercise a public employment. The right to the fees and emoluments are stated to be co-extensive with the office. The fees are incident to it, as fully as are the rents and profits of lands. Mayfield v. Moore, 53 Ill. 431; 2 Blaekstone, 36; Cox v. City of Burlington, 43 la. 614. The object of this statute is to prevent county boards from in-termeddling with the compensation of an officer after his term of office has commenced. Purcell v. Parks, 82 Ill. 351; Coxv. City of Burlington, 43…

1Opinion of the CourtFrancis, J.

This ease was tried before the district court* in and for Minnehaha county, without a jury, on an appeal from the action of the board of county commissioners of said county, purporting to fix the annual salary of the district attorney of said county.

The court, in making its findings of fact, found that at the general election in 1884, one E. G. Wright was elected as district attorney for said county for two years from the first Monday of January, 1885; that he duly qualified and acted as such district attorney during said term; that January 8, 1885, at a regular session of the board of county…

2Cited by4 opinions

  1. Gist v. Rackliffe-Gibson Construction Co.Supreme Court of Missouri · 1909
  2. Stone v. PryorCourt of Appeals of Kentucky · 1898
  3. Fruth v. BoltSouth Dakota Supreme Court · 1916
  4. Smith v. Board of Com'rs of Washita CountySupreme Court of Oklahoma · 1913

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