County of Lewis v. Montfort

Citations

• 72 Wash. 248
• 130 P. 115
• 1913 Wash. LEXIS 1442

Syllabus

<p>Counties — County Board — Salaries of Officers — Determining Classification of County — Conclusiveness. The board of county commissioners acts in quasi judicial capacity in ascertaining by proof and determining the number of inhabitants in the county upon which the law fixes the salaries of county officers; and the order of the board, not questioned by appeal or writ of certiorari, is conclusive of the fact and of the proper classification of the county, and is a complete protection to a county officer in accepting the salary allowed him thereby.</p> <p>Counties — County Officers — Salaries—Recovery of Excess Salary. The acceptance by a county officer of a smaller salary, after the court has set aside the action of county commissioners in determining the classification of the county, does not affect his right to retain the larger salary paid to him under the order of the board of county commissioners.</p>