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>
Judges: Crow, Dunbar, Fullerton, Gose, Morris, Parker
Read full opinion on CourtListenerCited by
21 cases in this archive cite this case; the 20 most cited are listed.
- State v. KeeneyWashington Supreme Court· 1989-03-02· cited 33×
- Osborn v. Grant CountyWashington Supreme Court· 1996-11-27· cited 30×
- Stiftel v. MalarkeySupreme Court of Delaware· 1977-12-28· cited 26×
- In re the Guardianship of WilliamsonWashington Supreme Court· 1913-09-10· cited 12×
- James v. McMillanWashington Supreme Court· 1921-01-05· cited 9×
- State v. Superior CourtWashington Supreme Court· 1913-04-18· cited 9×
- Gabrielson v. GorinWashington Supreme Court· 1916-08-04· cited 8×
- Brissenden v. HowlettIllinois Supreme Court· 1964-01-22· cited 6×
- State ex rel. Elwood v. LoveringWashington Supreme Court· 1914-03-25· cited 5×
- Faucher v. RosenoffWashington Supreme Court· 1911-10-26· cited 4×
- County of Lewis v. MontfortWashington Supreme Court· 1913-02-24· cited 4×
- State ex rel. Hallett v. Seattle Lighting Co.Washington Supreme Court· 1910-09-10· cited 3×
- State ex rel. Clapp v. UrquhartWashington Supreme Court· 1919-08-19· cited 2×
- Shoultes v. QuastWashington Supreme Court· 1920-01-19· cited 1×
- No.Colorado Attorney General Reports· 1980-10-29
- State ex rel. Canton v. WillWashington Supreme Court· 1909-08-19
- State ex rel. Elliot v. WillWashington Supreme Court· 1909-08-19
- State ex rel. Davis v. WillWashington Supreme Court· 1909-08-19
- State ex rel. Warehouse & Realty Co. v. City of SpokaneWashington Supreme Court· 1911-10-24
- State ex rel. Lytle v. WillWashington Supreme Court· 1909-08-19
Cites
8 cases in this archive are cited by this case.
- State ex rel. Brown v. McQuadeWashington Supreme Court· 1905-01-16· cited 45×
- Anderson v. Whatcom CountyWashington Supreme Court· 1896-06-25· cited 24×
- State ex rel. Smith v. NealWashington Supreme Court· 1901-06-01· cited 18×
- State ex rel. Davis v. ClausenWashington Supreme Court· 1907-10-19· cited 14×
- Commissioners of Highways v. JacksonIllinois Supreme Court· 1897-01-19· cited 13×
- State ex rel. Barto v. Board of Drainage Commissioners of District No. 1Washington Supreme Court· 1907-06-22· cited 11×
- State ex rel. Funke v. Board of CommissionersWashington Supreme Court· 1908-02-13· cited 8×
- State ex rel. Ross v. ClausenWashington Supreme Court· 1907-11-20· cited 3×
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