13 S.D. 460 | S.D. | 1900
This case comes before us upon an appeal from an order sustaining the demurrer to the complaint. The case was before this court on a former appeal, and is reported in 10 S. D. 60, 71 N. W. 754. That appeal was from an order overruling the demurrer to the complaint. The order of the court below was reversed, and the complaint held insufficient. On the case being remitted to the court below, the plaintiff sought to remedy the defect in his complaint by amending the same and inserting therein the following allegations: “That, in the judgment of the board of county commissioners of said county, it was deemed necessary for the prompt and accurate dispatch of business in said county treasurer’s office that one deputy be employed therein, and that they by resolution fixed the number of deputies at one, and fixed the compensation at fifty dollars per month; that it was the custom of said board of county commissioners of said county to allow for said county treasurer’s office, for the prompt and accurate dispatch of business therein, the, employment of one deputy, at a salary or compensation of fifty dollars per month, which deputy hire had been allowed and which compensation had been allowed by said board of couuty commissioners for more than two years prior to the times hereinafter mentioned; and that said order and allowance had never been by said board refused or revoked, but that said rule was in full force and effect.” The appellant contends that, under the decision rendered by this court, the