State ex rel. Maltbie v. Will

Citations

• 54 Wash. 453
• 103 P. 479
• 1909 Wash. LEXIS 1015

Syllabus

<p>Counties — Officers—Salary—Increase During Term. The salary of a county officer cannot be increased during the term for which he was elected by reason of an increase in the population of the county changing its classification by which the salary of its officers are determined; Const, art. 11, § 8, providing that his compensation shall not be increased after his election during his term of office; but a county officer is entitled to the salary for the classification to which the county in fact belonged at the time of his election, although the county commissioners did not determine the fact until after the election.</p> <p>Mandamus — Procedure — Relief Granted — Partial Relief — County Officers — Salary. The procedure in mandamus being but a form of civil action under our code, it is not essential that the prayer be granted in toto or denied in toto; and upon an application for a writ to secure a salary warrant for more than the relator is entitled, the court may grant the writ for a warrant for the sum to which the party may be entitled.</p> <p>Costs — Attorney's Fees — Mandamus Proceedings. In mandamus by a county officer to secure a salary warrant, attorney’s fees incurred in prosecuting the action cannot be allowed as damages, nor except as statutory taxable costs.</p> <p>Counties — Claims—Interest. Upon the rejection, by the county commissioners, of a legal claim, the claimant becomes entitled' to interest on the total amount of the claim from the date of its rejection.</p>