Board of Com'rs of Delaware County v. Fields

Supreme Court of Oklahoma

Board of Com'rs of Delaware County v. Fields

1913 OK 538, 135 P. 423, 38 Okla. 744, 1913 Okla. LEXIS 432

CourtSupreme Court of Oklahoma

DecidedSeptember 9, 1913

Docket3552

StatusPublished

This text of 1913 OK 538 (Board of Com'rs of Delaware County v. Fields) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Board of Com'rs of Delaware County v. Fields, 1913 OK 538, 135 P. 423, 38 Okla. 744, 1913 Okla. LEXIS 432 (Okla. 1913).

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Opinion

HAYES, ’.C. J.

Defendant in error brought this action in the court below to recover the balance he claimed to be due to him upon his salary as register of deeds of Delaware county. His term of office as such register, of deeds began on the 16th day of November, 1907, and ended- on the 8th day of January, 1911. By section 3008, Wilson’s Rev. & *745 Ann. St. 1903, it is provided that the register of deeds shall be allowed to retain out of the fees collected by him as his annual salary the following amounts and no more :■ In' counties of 10,000 inhabitants or less, $800; in counties of not less than 10,000 inhabitants, nor more than 15,000 inhabitants, $1,200; and, in addition thereto, he is allowed to retain 50 per cent, of all fees collected by him in excess of his salary.

Section 3028, Wilson’s Rev. & Ann. St. 1903 (Rev. Laws 1910, sec. 3225), provides that, for the purpose of fixing the amount to be 'paid to thé officers provided for the 'boards of county commissioners shall adopt as a basis for .that purpose the number of' inhabitants of their respective counties as shown by the: returns of the assessors made in the year 1900 and each two years thereafter. By the special federal census of 1907, the population of Delaware county was less than 10,000 inhabitants. Under the census taken by the assessors of property and returned in June, 1908, the population was in' excess of 10,000. Defendant in error was paid a salary throughout the entire term of this office based on the population of the county as shown .by the special federal census of 1907. In this proceeding he seeks to recover the difference between the amount paid him and what his salary would be, based on the population of the county, as shown by the census of 1908. The judgment.of the trial court susr tains his contention, and renders him judgment for the amount claimed.

The same question of law is presented in this case that was presented and determined by this court in Board of Bounty Com’rs of Delaware County v. Williams, ante, 135 Pac. 420, and upon the authority of that case the judgment of the trial court should be affirmed.

All the Justices concur,- except KANE and LOOEBOTJRROW, JJ., not participating. ■

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HAYES, ’.C. J.

Defendant in error brought this action in the court below to recover the balance he claimed to be due to him upon his salary as register of deeds of Delaware county. His term of office as such register, of deeds began on the 16th day of November, 1907, and ended- on the 8th day of January, 1911. By section 3008, Wilson’s Rev. & *745 Ann. St. 1903, it is provided that the register of deeds shall be allowed to retain out of the fees collected by him as his annual salary the following amounts and no more :■ In' counties of 10,000 inhabitants or less, $800; in counties of not less than 10,000 inhabitants, nor more than 15,000 inhabitants, $1,200; and, in addition thereto, he is allowed to retain 50 per cent, of all fees collected by him in excess of his salary.

Section 3028, Wilson’s Rev. & Ann. St. 1903 (Rev. Laws 1910, sec. 3225), provides that, for the purpose of fixing the amount to be 'paid to thé officers provided for the 'boards of county commissioners shall adopt as a basis for .that purpose the number of' inhabitants of their respective counties as shown by the: returns of the assessors made in the year 1900 and each two years thereafter. By the special federal census of 1907, the population of Delaware county was less than 10,000 inhabitants. Under the census taken by the assessors of property and returned in June, 1908, the population was in' excess of 10,000. Defendant in error was paid a salary throughout the entire term of this office based on the population of the county as shown .by the special federal census of 1907. In this proceeding he seeks to recover the difference between the amount paid him and what his salary would be, based on the population of the county, as shown by the census of 1908. The judgment.of the trial court susr tains his contention, and renders him judgment for the amount claimed.

The same question of law is presented in this case that was presented and determined by this court in Board of Bounty Com’rs of Delaware County v. Williams, ante, 135 Pac. 420, and upon the authority of that case the judgment of the trial court should be affirmed.

All the Justices concur,- except KANE and LOOEBOTJRROW, JJ., not participating. ■

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1913 OK 538, 135 P. 423, 38 Okla. 744, 1913 Okla. LEXIS 432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-comrs-of-delaware-county-v-fields-okla-1913.

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