Thomas
Thomas v. Joplin
Opinion
Lead Opinion
James, J.
Plaintiff brought this action to secure an injunction restraining defendant Joplin, as treasurer of the county of Orange, from paying certain warrants threatened to be issued and presented on account of salaries for deputies appointed by several of the officers of that county. A demurrer was interposed in which general and special grounds of objection to the sufficiency of the complaint were stated. This demurrer was sustained without leave to amend, and judgment followed in favor of defendants, from which judgment an appeal has been taken.
The several county officers of Orange county were elected at the general election held in 1906, and their terms of office were for four years, commencing in January, 1907. In 1909 the legislature amended the county government act as it affected that county, and provided for deputies to be appointed by several of the county officers, to be paid by the county. In the act as it existed theretofore no allowance for deputies for these officers had been made. Under the provisions of the amendment deputies were appointed by the county clerk, sheriff, auditor, treasurer, tax collector, and superintendent of schools, and these deputies have since their…