50 Ark. 81 | Ark. | 1887
Weeks sued the town for his salary as recorder from June 1, 1884 to April 28, 1885, at the rate of fifty dollars a month. The answer was in two paragraphs. The first denied the defendant’s indebtedness because the council had on the 27th of May, 1884, abólished the recorder’s-salary and the plaintiff had acquiesced and had continued to-act as recorder, and had from time to time presented to the council his accounts for services, which were duly allowed and paid to him.
In the second paragraph, the defendant pleaded a set-off' of six hundred dollars being one years salary which the plaintiff had received under an ordinance passed April 6th, 1883, after his election on April 3, 1883; which ordinance increased bis compensation during his term of office. Upon demurrer the first plea was adjudged to be good and the second bad. The defendant saved an exception to the action of the court upon the plea of set-off, and the parties went to trial upon the issue formed by the first plea, The plaintiff recovered a verdict and judgment for the amount sued for.
But when, at the election in April, 1884, Weeks was chosen for another term, he then became entitled to the salary provided by the ordinance of April 6, 1883. And the repeal of that ordinance on the 27th of May, 1884, did not affect his right to the salary for the rest of his term.
The judgment is reversed and the cause remanded with directions to sustain the demurrer to the first paragraph and to overrule the demurrer to the second paragraph.