Board of County Commissioners v. Davis

I concur in the affirmance of the judgment, but for reasons other than those stated in the majority opinion.

The office of deputy assessor is a legally existing public office created by statute. C. L. §§7940, 7921, 8818. There is a well-recognized distinction between a deputy and an assistant. The former must be a qualified elector, take the oath of office and give bond to the assessor (C. L. §8818), whereas the latter need not be a qualified elector and is not required to take the oath of office or to give bond. A deputy assessor performs duties requiring the exercise of discretion; not so an…