Judges: PER CURIAM.
Attorneys: Willson Martin, for Relator;
W.D. Wilson, for Respondents.
Filed: May 26, 1938
Latest Update: Mar. 02, 2020
Summary: In mandamus proceedings, the relator, a County Tax Assessor, seeks to have his annual compensation for past and present services paid under Chapter 11954, Acts of 1927, Section 2864, et seq., Compiled General Laws of Florida, the general laws fixing the compensation of County Officers, rather than under Chapter 16925, Acts of 1935, which prescribes a smaller annual compensation in counties between 70,000 and 140,000 population, according to the last preceding State or Federal Census. The respond
Summary: In mandamus proceedings, the relator, a County Tax Assessor, seeks to have his annual compensation for past and present services paid under Chapter 11954, Acts of 1927, Section 2864, et seq., Compiled General Laws of Florida, the general laws fixing the compensation of County Officers, rather than under Chapter 16925, Acts of 1935, which prescribes a smaller annual compensation in counties between 70,000 and 140,000 population, according to the last preceding State or Federal Census. The responde..
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I do not think relator is precluded by estoppel to have the compensation due him under valid statutes paid to him — see Masters v. State, 100 Fla. 1660, 131 So. 2d 723; O'Brien v. Wheelock, 184 U.S. 450, 46 L. Ed. 636. Davis v. Butler, 128 Miss. 847, 91 So. 2d 279. So I think demurrer to alternative writ should be overruled.
BROWN, J., concurs.
