Burke v. Edgar

Citations

• 67 Cal. 182
• 7 P. 488
• 1885 Cal. LEXIS 595

Syllabus

<p>Public Officer—Deputy County Clebk of San Feancisco—Salaey.—The salary of a court-room and register clerk of the Superior Court of the city and county of San Francisco is fixed at $175 per month, by the Acts of February 13, 1880, and of April 2, 1880.</p> <p>Id.—Mandamus—Couet-boom Clebk—Appointment must be Alleoed.—In a proceeding for a writ of mandate brought by a deputy of the county clerk of the city and county of San Francisco to compel the auditor to allow his claim for salary as a court-room or register clerk, the petition must allege and the court must find that the petitioner had been appointed or assigned to such position. An allegation that he had acted in the capacity and performed the services of a court-room or register clerk is not sufficient.</p> <p>Id.—De facto Offioeb cannot Becoveb Salaey__A de facto officer cannot recover the salary annexed to the office as the salary is incident to the title io the office and not to its occupation and exercise.</p>