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← 201 OKLA 60 - Aubrey v. Huser

Aubrey v. Huser’s Empirical Analysis

1948

Citation profile

4
cited by 4 later decisions
1
states following
December 1998
most recently cited

4 state decisions

Relationships

Relies on Burks v. Walker · Roberts v. Ledgerwood · Bond v. Phelps · James v. Cammack · Finley v. Territory of Oklahoma Ex Rel. Keys

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““As a general rule, a public officer is bound to perform the duties of his office for the compensation fixed by law. This is true as to additional duties imposed upon an officer by Legislature after he enters upon his term, so long as these duties are germane to the office * * *. In Mechem on Public Officers, supra, it is said: “ ‘An officer who accepts an office to which a fixed salary or compensation is attached is deemed to undertake to perform its duties for the salary or compensation fixed, though it may be inadequate, and if the proper authorities increase its duties by the addition of others germane to the office, the officer must perform them without extra compensation. Neither can he recover extra compensation for incidental or collateral services which properly belong to or form a part of the main office.’ ””
    1 later decision quote this exact passage · from the concurrence
  2. ““A statute imposing or providing for new duties or services to be performed by a public official, which new duties or services are incident to or germane to his office, and where such act provides additional compensation therefor violates Section 10, Article 23 of the Oklahoma Constitution, Okl.St.Ann., prohibiting the Legislature from changing the salary or emoluments of a public official during his term of office, but where the new duties or services so provided in the act are foreign to or beyond the scope or range of and not germane to the duties of the office, such statute does not violate such section”.”
    1 later decision quote this exact passage
  3. ““The duty additionally imposed of making reports to the Pardon and Parole Officer is comparable to the duties devolved upon Justices of the Supreme Court, as considered in Phelps et al. v. Childers, State Auditor, supra, whereby certain Justices of the Supreme Court were authorized to make a compilation of procedural statutes, with annotations, for which they were paid an additional compensatipn during their term of office. That duty was held to be non-judicial and therefore not germane to the office of a judge.””
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.