Bailey v. Knapp
Paul B. Bailey v. Fred W. Knapp, as State Auditor, etc.
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Per Curiam:
The action is a companion case to the preceding one. (Reilly v. Knapp, ante p. 565.) Plaintiff seeks to compel the state auditor to issue a warrant for his salary as stenographer of the district court for'the twenty-second judicial district. He was appointed court stenographer in 1904 and has held the position under that appointment ever since; during all this time he has been a nephew of the judge of the district court. The auditor made no objection to the payment of his salary until July 1, 1919, but contends that section 2 of the appropriation act of that year (Laws 1919, ch. 1) disqualified plaintiff from holding the position. Under the decision in the preceding case, holding section 2 of the appropriation act of 1919 unconstitutional, the plaintiff is entitled to judgment.
The writ will issue.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 0 cases
No case in this database cites this case.