Lawrence v. Wheeler

Citations

• 90 Kan. 669
• 136 P. 315
• 1913 Kan. LEXIS 286

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>I. Officer — Defeated, in Final Contest — Not a De Jure Officer. Under the undisputed facts of this case the appellant was not holding the office of county treasurer, during the time he received the salary of such office, as an intruder or in violation of law, but was holding it in accordance with a certificate of election and a judgment of a court of competent jurisdiction, the execution or operation of which judgment was not stayed but which judgment was in full force and effect. He was not, however, the de jure county treasurer.</p> <p>2. - Rights of De Jure Officer to Salary — Less Certain Deductions. The appellee is therefore entitled to recover the amount of the salary which appellant received as such officer, less the amounts actually and necessarily paid out by him for clerk hire and in transacting the business of the office.</p> <p>3. - Same. The appellant is entitled to no compensation for his own services in the office nor any deduction for profits or earnings which the appellee may have acquired during the time appellant withheld the office from him:</p>