Barrett v. Board of County Commissioners

Citations

• 109 Kan. 685
• 201 P. 1098
• 1921 Kan. LEXIS 346

Syllabus

<p>SYLLABUS by the court.</p> <p>1. Fees and Salaries — Compensation of Register of Deeds — Entitled, to One-half of Certain Excess Fees. After the expiration of her term of office as register of deeds, the plaintiff brought suit against the county to recover one-half the excess fees of the office under the provisions of chapter 193 of the Session Laws of 1917. The court gave judgment in her favor for part of her claim, but deducted from her half of the excess fees $1,245.50, which had been paid for additional clerk hire. It was shown that the county board exercised its discretion and employed these additional clerks, who were paid on verified bills presented by them to the county clerk and allowed by the board. Held, following Voris v. Cowley County, 103 Kan. 876, 176 Pac. 976, plaintiff was entitled to one-half the excess fees and it was error to deduct the amount paid by the county for clerk hire.</p> <p>2. Same — Payment of Monthly Salary — No Splitting of Cause of Action —No Waiver of Excess Fees. Plaintiff presented her claim each month for the amount of her salary and made no claim for excess fees until after her term of office expired. Held, that in doing so she was not splitting her cause of action because her right to excess fees was in no sense involved in the monthly settlemént for salary.</p> <p>3. Same — Chapter 198, Laws of 1919, Cannot Be Given a Retroactive Effect — Vested Rights. At the expiration of plaintiff’s term of office she had a vested right to one-half the excess fees as provided by the act then in force, and the enactment of chapter 198, Laws of 1919, providing that “if any register of deeds has collected fees allowed as clerk hire under the present law, such amount shall be deducted from any salary claimed under this act, and a cause of action shall accrue to the county for the recovery of such fees if the officer is out of office,” cannot be given a retroactive effect so as to deprive her of vested rights.</p>