Fenn v. Beeler

Citations

• 64 Kan. 67
• 67 P. 461
• 1902 Kan. LEXIS 163

Syllabus

<p>SYLLABUS BY THE COUBT.</p> <p>1. Office and Officebs — Rights of Officer de Jure to Salary. F., the incumbent of a city office, held over and refused to give possession after B., his successor, had been duly elected. Pending proceedings in the nature of quo warranto, begun in this court by B. to oust F., the latter surrendered the office. B. then brought an action in the district court against F. to recover the salary of the office during the time he had been deprived of it, and thereafter the proceedings in this court were dismissed. Held, that B. was entitled to judgment for such salary, and that section 5154, General Statutes of 1901, had no application to the case.</p> <p>2. - Other Earnings of Officer de Jure Immaterial. A public officer is entitled to his salary as an incident to the office, and not by force of any contract. It is no defense to an action for salary that the person suing earned more than the amount of the same in another employment during the time the possession of the office was withheld from him.</p>