Somers v. State
South Dakota Supreme Court
Original action in this court to recover from the state of South Dakota a salary as deputy superintendent of public instruction. Demurrer to complaint. The facts are stated in the opinion. The plaintiff, as deputy superintendent of public instruction of the state of South Dakota, was a public officer whose term of office expired when his principal’s term expired.
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Original action in this court to recover from the state of South Dakota a salary as deputy superintendent of public instruction. Demurrer to complaint. The facts are stated in the opinion. The plaintiff, as deputy superintendent of public instruction of the state of South Dakota, was a public officer whose term of office expired when his principal’s term expired. Board of Supr., etc., v. Hackett, 21 Wis. 613; State v. Kalb, 50 Wis. 178. The compensation could not be increased or diminished during his term of office. Sec. 3, Art. 12, Const. S. D. The act that creates the office of which…
1Opinion of the CourtKellam, J.
This is an original action against the state. In his complaint the plaintiff alleges that on the 9th day of January, 1891, he was duly appointed deputy superintendent of public, instruction by the then superintendent of public instruction of the state, and that from that time to the 1st day of April, 1893, he duly performed the duties of said office or appointment; that during all that time he was entitled by law to be paid by the state for such service at the rate of $1,200 per-annum; that he'was only paid at that rate up to the 8th day of March, 1891; that from that time he has been paid at…
2Cases cited4 opinions
- Blake v. National BanksSupreme Court of the United States · 1875
- Edger v. Board of CommissionersIndiana Supreme Court · 1880
- Collins v. StateSouth Dakota Supreme Court · 1892
- Sargent v. StateOhio Supreme Court · 1842
3Cited by10 opinions
- Portland v. YickOregon Supreme Court · 1904
- State Ex Rel. Matlack v. Oklahoma CitySupreme Court of Oklahoma · 1913
- Bayley v. GarrisonCalifornia Supreme Court · 1923
- Harrold v. BarnumCalifornia Court of Appeal · 1908
- Somers v. StateSouth Dakota Supreme Court · 1894
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