Succession of Bragg

Citations

• 13 Tiess. 299

Syllabus

<p>Syllabus.</p> <p>1. One who holds a public office or employment by election or appointment even for a fixed time has no such contract with the government or appointing body as to prevent the Legislature or proper authority from abolishing the office, or diminishing its duration or pay, or removing him from office. But after the services have been rendered under a law or resolution which fixes the rate of compensation there arises an implied contract to pay for those services at tha; rate, the obligation of which is vested and perfect.</p> <p>2. The right so acquired is property belonging to the claimant and passes by will as any other property belonging to him at his decease.</p> <p>3. The payment of such a claim by the government however tardy is not a gratuity, but simply the discharge of an obligation due the claimant.</p>