Legal Opinion

Sieb v. City of Racine

Wisconsin Supreme Court

Decided April 11, 1922PublishedCited by 20 opinions

Appeal from a judgment of the circuit court for Racine county: E. B. Belden, Circuit Judge. This action was brought by the plaintiff in his capacity as taxpayer of the city of Racine to restrain the city officers from paying the defendant Longanecker, who is the city superintendent of schools, what is alleged to be an unlawful increase of salary.

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Appeal from a judgment of the circuit court for Racine county: E. B. Belden, Circuit Judge. This action was brought by the plaintiff in his capacity as taxpayer of the city of Racine to restrain the city officers from paying the defendant Longanecker, who is the city superintendent of schools, what is alleged to be an unlawful increase of salary. The material facts are that the defendant Longanecker was elected city superintendent of schools by the board of education of the city of Racine on March 7, 1919, to serve for three years from August 1, 1919, at a salary of $3,500 for the first year,…

1Opinion of the CourtOwen, J.

The case was upon the calendar of the circuit court for the term commencing on April 11, 1921. On May 13th the jury was excused. During the week beginning May 30th no session of the court was held. Sessions were resumed on June 6th. On that day the plaintiff moved for a change of venue, based upon an affidavit of the prejudice of the presiding judge. The court denied the motion, *620holding that it should have been -made on the first day of the term, and could not be made thereafter. The motion was renewed and a like ruling made on June 10th. The appellant assigned the denial of the motion as…

2Cases cited8 opinions

  1. State ex rel. Schuet v. MurrayWisconsin Supreme Court · 1871
  2. State ex rel. Off v. SmithWisconsin Supreme Court · 1861
  3. State ex rel. Martin v. KalbWisconsin Supreme Court · 1880
  4. Board of Supervisors v. HackettWisconsin Supreme Court · 1867
  5. State ex rel. Sommer v. EricksonWisconsin Supreme Court · 1904

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3Cited by20 opinions

  1. State ex rel. Wisconsin Development Authority v. DammannWisconsin Supreme Court · 1938
  2. Columbia County v. Board of Trustees of Wisconsin Retirement FundWisconsin Supreme Court · 1962
  3. Martin v. SmithWisconsin Supreme Court · 1941
  4. State ex rel. Zimmerman v. DammannWisconsin Supreme Court · 1930
  5. Burton v. State Appeal BoardWisconsin Supreme Court · 1968

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