Show UTAH COUNTY APPEAL Su Supreme P reme Court Renders Decision Disallowing His Salary In In the case of Ben I E. E Argyle Argle le appellant against Clifford L. L Wright as county count auditor of Utah court today county the tho supreme reversed the Judgment the of-the of tho district district district dis dis- c court urt which was' was In favor of the county officer The appellant brought this acton ac action ac- ac ton tion for praying for a n writ of mandate mandate mandate man man- date directing defendant as auditor to draw aw his warrant upon the county treasurer in favor of plaintiff I for tor one years year's salary as county surveyor surveyor sur sur- I and aud to fo an an additional sum of claimed d to be due to plain plain- I tiff for expenses incurred ed Incur e-d e edby I by him in the performance of his l lofficial official duties as surveyor I Plaintiff alleged allege his election as county surveyor at the general election elec elec- I tion Uon held In November 1918 that thal thereafter he lie qualified by filing flung abond abond a abond I bond and subscribing to the constitutional constitutional constitutional con con- oath of office that he entered upon his duties as s officer officer officer of of- on January Januar 6 1919 and was wise thereafter county surveyor or of U Utah ah county until January 3 1921 at which time his term of of office rIce ex expired expired ox- ox that plaintiff had demanded his salary salan for far the year ear 1920 1320 and payment had been refused erased In answer to the complaint defendant defendant defendant de de- de- de I admitted appellants appellant's election election elec elec- tion that the salary as fixed by ordinance of Utah county was 1000 1000 I I per pe- year that no salary was paid to plaintiff during 1920 alleged that no salary salar was due plaintiff for I I 1920 In an any sum Bum As Ae an additional defense Jt It was alleged ed that on or about January I 1 1 1920 plaintiff refused re re- re refused e- e I fused to fUrth further r art act as count county surveyor surveyor sur sur- sur-I sur I or to ta maintain an office and resigned ned from his office and communIcated communicated communicated com com- such resignation and re refusal refusal re- re fusa to the board of county commissioners commissioners com com- I missioners that such commission commissioners ers accepted the resignation and acted upon the same that plaintiff I at no time or cr at all durIn during the tha I I I I I year ear 1920 acted or assumed to act as ns county surveyor kept no office and did not during that year pea ea perform perform perform per per- form any services whatsoever or pretend to act as ag county surveyor in any manner or thin thing whatsoever that the county commissioners were required to and did contract with another person to perform the duties of county surveyor The answer ansher further alleged that plaintiff willfully wilfully and intentionally on or about January 1 I 1920 abandoned aban aDan- abandoned his office as count county surveyor and that the county commissioners acting upon the statements and conduct of plaintiff notified and In Instructed Instructed Instructed In- In defendant as county auditor auditor audi audi- tor to draw no warrant or warrants warI warrants war war- rants in to favor of plaintiff for salary salar salary sal sal- ary ar aras as county sun surveyor The court made findings of fact and conclusions of law and entered entered en- en Judgment dismissing plaIntIffs plaIntIff's plaintiffs plaintiff's plain plaIn- tiffs tiff's complaint Plaintiff appealed and the opinion of the supreme court written e by Justice s J. J V. 11 Cherry w ret reverses erses this finding ln |