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20 Ariz. 140

Burgess v. Apache County

Arizona Supreme Court

Decided January 3, 1919

Arizona Supreme Court · decided 1919-01-03

<p>APPEAL from a judgment of the Superior Court of the county of Apache. George H. Crosby, Jr., Judge.</p>

Cited by 1 later decisions — most recently December 1935

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1919-01-03

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PER CURIAM.

¶1This action was commenced on the twenty-fourth day of March, 1917, by the county treasurer of Apache county, to recover back salary for the years 1915 a.nd 1916. Prom the stipulation of facts in the record, it appears that Apache county was, during said years, a county of *141the first class, containing property of an equalized, assessed valuation of more than $3,000,000 and less than $9,000,000; that during said two years plaintiff was paid as his salary, the sum of $3,000. He claims the right to a salary of $2,200 a year, a total sum of $4,400 for the two years. The action is to recover the balance of $1,400. The county interposed the one-year statute of limitation, viz., subdivision 3, paragraph 709, Revised Statutes of Arizona of 1913. The trial court rendered judgment for the plaintiff for the sum of $612.50, stating that the same was allowed as and for .plaintiff’s “back salary due him for the last 10% months of the year 1916, it being the ruling of this court that plaintiff’s claim for back salary [is barred] by the one-year statute of limitation.”

¶2From the judgment the plaintiff appeals, and assigns as error the said ruling.

¶3On the authority of Santa Cruz County v. McKnight, decided December 31, 1918, ante, p. 103, 177 Pac. 256, the judgment must be affirmed, for the reason that the same question here presented was decided in that case adversely to this appellant’s contention.

¶4The judgment is therefore affirmed.

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