Stephens v. Campbell
Supreme Court of Arkansas
Appeal from Jackson Circuit Court. The appointment of appellee as night watchman could not be made by the vote of less than a majority of the whole council. Sand. & IT. Dig., § 5158. The resolution having failed to pass, there was no such office as night watchman, and appellee could not be even a de facto officer. 68 Am. St. Rep. 95; 118 U. S. 425. Even a defacto officer cannot recover fees or salary, unless he be also an officer de jure. 28 Am. St. Rep. 163; 32 Am.
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Appeal from Jackson Circuit Court. The appointment of appellee as night watchman could not be made by the vote of less than a majority of the whole council. Sand. & IT. Dig., § 5158. The resolution having failed to pass, there was no such office as night watchman, and appellee could not be even a de facto officer. 68 Am. St. Rep. 95; 118 U. S. 425. Even a defacto officer cannot recover fees or salary, unless he be also an officer de jure. 28 Am. St. Rep. 163; 32 Am. St. Rep. 228. Appellee entered upon the discharge of his duties before passage of the ordinance providing that he should have…
1Opinion of the CourtBattle, J.
On the 28th of October, 1897, W. W. Campbell sued T. S. Stephens, before a justice of the peace of Jackson county, on the following account:
“T. S. Stephens, Dr.
“To W. W. Campbell.
“To money had and received..........$30.75.”
A jury was impaneled to try the issues in the case, and the plaintiff then stated that he ivas the night watchman or policeman of the city of Newport, and had performed services for which the fees sued for were due; that the defendant was marshal of the city, and liad collected the fees; and that he was entitled to the same. The defendant thereupon made his statement to the…
2Cases cited10 opinions
- State v. CarrollSupreme Court of Connecticut · 1871
- Dolan v. Mayor of New YorkNew York Court of Appeals · 1877
- Nichols v. . MacLeanNew York Court of Appeals · 1886
- McVeany v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1880
- Andrews v. City of PortlandSupreme Judicial Court of Maine · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Sitton v. BurnettSupreme Court of Arkansas · 1950
- Davis v. WilsonSupreme Court of Arkansas · 1931
- Cobb v. HammockSupreme Court of Arkansas · 1907
- Hill v. RectorSupreme Court of Arkansas · 1923
- Looper v. ThrashSupreme Court of Arkansas · 1998
6 more not listed; retrieve them via the Exa API.