State ex rel. Perkins v. Barnes

Citations

• 10 S.D. 306
• 73 N.W. 80
• 1897 S.D. LEXIS 62

Syllabus

<p>1. Though Laws 1887, C. 10, 1 3 (Comp. Laws, $ 648), requires bonds of county auditors to bo executed to the ¡state, it is immaterial that the bond runs to the county, where the action thereon is brought in the name of the state for the use of the person injured, as required by Section 10 of said chapter.</p> <p>2. An assignment by a public officer of salary or fees to become due him for services to be subsequently rendered is void as against public policy.</p> <p>3. Though an assignment of salary or fees to become due to a district attorney for services to be subsequently rendered is not filed with the county auditor until after such services are rendered, the assignment will be considered as made before the rendition of such services, where it presumptively appears that it was held by the auditor, from about the time it was executed, as agent of the assignee.</p>