People ex rel. Miller v. Wayne County Auditors

• Decision Date: 03 June 1879
• Court: Michigan Supreme Court
• Parties: THE PEOPLE ex rel. CHARLES E. MILLER v. THE BOARD OF AUDITORS OF WAYNE COUNTY.

2 N.W. 180

41 Mich. 4

THE PEOPLE ex rel. CHARLES E. MILLER v. THE BOARD OF AUDITORS OF WAYNE COUNTY.

Supreme Court of Michigan

June 3, 1879

A board of auditors, after fixing a salary, cannot change it without some further action, spread upon their record.

Mandamus to compel the board to audit and allow a certain sum which relator claims to be due him as part of his salary as assistant prosecuting attorney. Relator showed that he was appointed February 25, 1878, under act 28 of 1877; that the salary of his predecessor had been fixed by resolution of the board of auditors at $1,500 a year, but that he had been paid at the rate of only $1,320, and that the board had rejected his claim for the difference. The board answered that before relator's appointment they had notified him verbally that his salary would be fixed at the minimum amount allowed by the act, but had afterwards fixed it at $110 a month, and claimed that he had acquiesced by drawing monthly warrants for his reduced salary, and thus practically receipted for it in full. Submitted and granted June 3d.

C.J. Reilly, for respondent.

PER CURIAM.

The board of auditors cannot change action that they have once taken in fixing a salary except by further action spread upon their records. They cannot change it by parol. The fact that relator received less than he was entitled to does not amount to a waiver of his rights. Other legal questions in the case need not be passed on.

Mandamus granted.