City of Everett v. Johnson

This is an action by the city of Everett to recover from a justice of the peace who was also police judge, all salary payments made to him by the city in excess of his salary as such police judge at the beginning of his term of office.

Everett is a city of the first class with a population of less than fifty thousand. Two justices of the peace are elected in each such city and their salaries are twelve hundred dollars a year. Rem. Rev. Stat., §§ 7564, 7571 [P.P.C. §§ 157- 23, -61]. Rem. Supp. 1941, § 8992 [P.P.C. §151-27], provides that the mayor of each city of the first class shall, within…