Cavanee v. City of Milan
Missouri Court of Appeals
Appeal from Sullivan Circuit Court. — Now. John P. Butler, Judge. (1) A public officer is not entitled to his salary by virtue of a contract expressed or implied. The right to the salary which the ordinance prescribes, exists-as a creature of law, and as incident to the office, and that salary is to be paid him whether or not he neglects his official duties. Bates v. St. Louis, 153 Mo. 18; State ex rel. v. Walbridge, 153 Mo. 194, and cases cited.
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Appeal from Sullivan Circuit Court. — Now. John P. Butler, Judge. (1) A public officer is not entitled to his salary by virtue of a contract expressed or implied. The right to the salary which the ordinance prescribes, exists-as a creature of law, and as incident to the office, and that salary is to be paid him whether or not he neglects his official duties. Bates v. St. Louis, 153 Mo. 18; State ex rel. v. Walbridge, 153 Mo. 194, and cases cited. (2) If a record is lost, its contents may be proved like any other documents by any secondary evidence. 1 Green-leaf, Evidence (15 Ed.), secs. 86…
1Opinion of the CourtBroaddus, J.
This is a suit by plaintiff for a part of his salary, alleged as due him as marshal of the defendant city. It was admitted that he was the defendant’s marshal for the time for which he claims *674compensation, and it is also admitted that he did not perform the duties of the office during such time; but it was shown that he was unable to so perform sucn duties by reason of sickness. Plaintiff claimed that he was entitled to $25 a month under the ordinances of the city, while defendant contended that he was only entitled to $25 a year. On the trial what purported to be a copy of an ordinance…
2Cases cited2 opinions
- Bates v. City of St. LouisSupreme Court of Missouri · 1899
- Wells v. PressySupreme Court of Missouri · 1891
3Cited by4 opinions
- Jackson v. WildeCalifornia Court of Appeal · 1921
- State ex rel. Harvey v. GilbertMissouri Court of Appeals · 1912
- City of Brunswick Ex Rel. Barkwell v. ScottMissouri Court of Appeals · 1924
- City of Mound City Ex Rel. Reinerts Bros. Construction Co. v. DearmontMissouri Court of Appeals · 1927