Peterson v. Culpepper

• Decision Date: 20 February 1904
• Citation: 79 S.W. 783
• Parties: PETERSON v. CULPEPPER.
• Court: Arkansas Supreme Court

79 S.W. 783

PETERSON v. CULPEPPER.

Supreme Court of Arkansas.

February 20, 1904.

Appeal from Circuit Court, Jefferson County; Antonio B. Grace, Judge.

Action by J. F. Culpepper against the city of Pine Bluff, in which E. A. Peterson was made a party defendant. From a judgment for plaintiff, defendant appeals. Affirmed.

Following is a statement of the case as made by the judge of the Jefferson circuit court, in which this case was tried:

"This action was originally brought by J. F. Culpepper against the city of Pine Bluff to recover salary alleged to be due him for services as chief of police of said city, and which the city refused to pay. The city appeared, and filed a motion to make E. A Peterson a party defendant, alleging that said Peterson, without collusion with the city, was also claiming the office of chief of police, and the salary thereof for the same months which plaintiff sued for, and asking that they be required to litigate their respective claims between them; the city standing ready to pay the successful party. By consent of plaintiff, Peterson was made a party defendant, and appeared and answered, claiming that he, Peterson, was entitled to the office and salary of chief of police by virtue of an appointment made thereto by H. King White, the mayor of said city, on the 14th day of June, 1903, which he had accepted, and that he had qualified and entered upon the discharge of his duties as such on the 15th day of June, 1903, and that he had continued to hold said office until the present time. The parties having waived a jury, the cause was submitted to the court upon the evidence and briefs of counsel, and, upon consideration thereof, the court finds the facts as follows:

"That Pine Bluff is a city of the first class, and that plaintiff, J. F. Culpepper, was appointed chief of police of said city by the mayor thereof on the 13th day of April, 1903, and at once duly qualified and entered upon the discharge of the duties of the office. That the salary of said office is one hundred dollars per month, payable monthly, as fixed by ordinance. That on the ____ day of May, 1903, the plaintiff was suspended from office by the mayor, which suspension was reported to the city council. Upon investigation, the council refused to approve the action of the mayor in the premises. On the 28th day of May, 1903, James Gould, sheriff of Jefferson county, Arkansas, appointed the plaintiff deputy sheriff of said county, and on the 30th day of May, 1903, plaintiff took the oath of office as such deputy sheriff, and his appointment was reported to and confirmed and approved by the circuit court of said county, which was then in session. That this appointment was made for a special purpose, which plaintiff afterward abandoned, and that he never performed any service or did any act as deputy sheriff, and resigned as such a few days later. That on the 14th day of June, 1903, Mayor White declared that, by accepting the office as deputy sheriff, plaintiff had abandoned and virtually resigned his office as chief of police, thereby creating a vacancy, which he proceeded to fill by appointing the defendant E. A. Peterson chief of police of said city. On the 15th of June, 1903, defendant qualified and gave bond as required by law, and entered upon the discharge of the duties of said office, and has continued to hold and occupy the same, and perform the duties thereof, up to the present time. That, immediately after the appointment of Peterson, the plaintiff notified the mayor that he, the plaintiff, refused to recognize his removal, and that he was ready and willing to perform all the duties of said office, and has so continued from that to the...