Board of Supervisors v. Westbrook

Citations

• 64 Miss. 312

Syllabus

<p>Health Officer. Salary made nominal. Effect. Section 790, Code 1880. Case in judgment.</p> <p>. Section 790, Code of 1880, .provides for the. appointment by the governor, of a health officer in each county, whose salary is to be fixéd hy the board of ■supervisors of the county. W. was appointed health officer of the county of I). and bis salary fixed at fifteen dollars per month. Afterward the board of supervisors reduced the. salary to one dollar per month. W. continued to serve as health officer for- some months, and then sued the board of supervisors for the reasonable value of his services, which he estimated, at fifteen dollars per month. There was evidence at the trial which tended to show that plaintiff’s services were worth what he demanded, and that the salary of one dollar per month was totally inadequate therefor. The verdict and judgment were in favor of plaintiff for the amount of his- demand. Held, that the action of the board of supervisors in reducing W.’s salary, being practically an attempt to abolish his office, was a nullity, and the salary previously fixed was not thereby changed.</p>