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eBook details

• Title: Sitton v. Burnett
• Author : Supreme Court of Arkansas
• Release Date : January 06, 1950
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

December 1, 1948, appellee, Burnett, a resident and taxpayer of Clinton, on behalf of himself and other parties similarly interested, brought this action alleging that appellant, Sitton, ""between May, 1946, and April, 1948, while serving said city as marshal, de facto, was paid by the disbursing officer of said city, the sum of $3,000, $1,000 of which was in excess of the salary at which he had been employed, out of the funds collected as taxes paid to the collector of Van Buren County by the taxpayers of said city and by said collector paid into the treasury of said city; . . . that the defendant was a de facto officer during the time he received said sum and not legally entitled thereto; that said sum was paid to the defendant as a salary for his services as marshal in the absence of a law authorizing the payment by a city of the second class to a marshal of such a city a salary; that the defendant received and used said sum for his own benefit and refuses to return any part of it to said city."" He further alleged that appellant had used some of the money in acquiring and improving certain real property. He sought a decree for $3,000 on behalf of the city of Clinton and a lien on the above property.

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