Kerby v. Board of County Commissioners

The opinion of the court was delivered by

Johnston, C.’J.;

Justin H. Kerby was formerly county clerk of Clay county. In addition to a fixed annual salary of $1200, and an annual allowance of $400 for clerk hire, the board of county commissioners awarded and paid him compensation for official services, including the preparation of abstracts and certificates of election, the making of assessment rolls, the drawing of juries, the burning of old ballots, and also for additional clerk hire. To recover back these extra allowances, amounting to $567.80, the county attorney brought an action in the…