Samuels v. Town of Harrington

Citations

• 43 Wash. 603
• 86 P. 1071
• 1906 Wash. LEXIS 754

Syllabus

<p>Officers — De Facto Officers — Salary—Recovery. A municipality which pays the salary of a de facto officer while he is in possession of the office is not liable to the de jure officer for such salary, on his establishing his right to the office, since reasons of public policy require offices to be filled and prompt payment to be made by the disbursing officers.</p> <p>Election of Remedies — Repudiation—De Facto and De Jure Officers. A de jure officer who has recovered judgment against a de facto officer for the salary paid to him, under Bal. Code, §§ 5785, 5788, has elected his remedy and cannot recover the same from the town on failure to collect the judgment.</p>