City of Grenada v. Wood

Mississippi Supreme Court
City of Grenada v. Wood, 81 Miss. 308 (Miss. 1902)
Calhoon

City of Grenada v. Wood

Opinion of the Court

Calhoon, J.,

delivered the opinion of the court.

We think the board had the right to pass the ordinance of June 11, 1897, and, in doing so, did no wrong to the treasurer of which he can legally complain. If the ordinance of July 1, 1897, was void in directing the receipt and disbursement of the money derived from the sale of the bonds by others than the treasurer, it was also void in fixing his pay at 3 per cent on funds other than those so derived. The two things were parts *314of the same scheme, and interdependent. This left the ordinance of June 11th in force, and the treasurer is entitled to the pay it prescribes. We do not think the case of Board v. Westbrook, 64 Miss., 312 (1 South., 352), applies here.

It follows that the court did not err in refusing the instruc tion asked by cross-appellant to allow 3 per cent, and that it did err in allowing inquiry into what was reasonable compensation, and so the case is

Reversed on direct appeal, affirmed on cross-appeal, and remcmded.

Reference

Full Case Name
City of Grenada v. Edward Wood, Executors, Etc.
Cited By
2 cases
Status
Published
Syllabus
1. Municipalities. Grenada. Treasurer's salary. Power to fix. The municipal authorities of the city of Grenada, under its special charter, have authority by ordinance to fix and change the compensation of the municipal treasurer. 2. Same. Ordinance. Several parts interdependent. If a municipal ordinance seeking to have certain moneys disbursed by a committee, instead of the treasurer, be void, the treasurer cannot recover the compensation sought to be given by said ordinance, where its parts are interdependent. 3. Officers’ Salaries. Suits for. Evidence of value. Testimony as to the reasonable value of a municipal treasurer’s services is incompetent in a suit by him to recover compensation therefor, if his salary be fixed by ordinance.