Legal Opinion

State ex rel. Milwaukee County v. Buech

Wisconsin Supreme Court

Decided May 4, 1920PublishedCited by 40 opinions

Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. Mandamus to compel the defendant, as sheriff of Milwaukee County, to reinstate the petitioner, John B. Kozik, in his office as deputy sheriff and to properly place and certify his ñame on the payroll.

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Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. Mandamus to compel the defendant, as sheriff of Milwaukee County, to reinstate the petitioner, John B. Kozik, in his office as deputy sheriff and to properly place and certify his ñame on the payroll. The petition alleges that John B. Kozik was duly appointed deputy sheriff of Milwaukee County on the 1st day of January, 1917; that defendant Robert Buech was elected to the office of sheriff of Milwaukee County in November, 1918, and entered upon the duties of his office on the first Monday of…

1Opinion of the CourtOwen, J.

Sec. 16.43, Stats. 1919 (the civil service law. in question), provides:

“All persons included within the classified service of any county, at the time sections 16.31 to 16.44, inclusive, go into effect therein, appointed for a definite term; shall be required to take examinations under said sections, as soon as practicable .after the expiration of such definite term, except persons who have been on the payrolls of such county continuously for the four years- immediately preceding the date upon which said sections go into effect in said county; and except that all such persons being in service…

2Cases cited13 opinions

  1. State ex rel. Kennedy v. BrunstWisconsin Supreme Court · 1870
  2. O'Connor v. City of Fond du LacWisconsin Supreme Court · 1901
  3. Bingham v. Board of SupervisorsWisconsin Supreme Court · 1906
  4. State ex rel. Dithmar v. BunnellWisconsin Supreme Court · 1907
  5. State ex rel. Busacker v. GrothWisconsin Supreme Court · 1907

8 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Ricks v. Department of State Civil ServiceSupreme Court of Louisiana · 1942
  2. Jessner v. StateWisconsin Supreme Court · 1930
  3. Abraham v. PiechowskiDistrict Court, E.D. Wisconsin · 1998
  4. Wisconsin Professional Police Ass'n v. County of DaneWisconsin Supreme Court · 1982
  5. Mulloy v. Wayne County Board of SupervisorsMichigan Supreme Court · 1929

35 more not listed; retrieve them via the Exa API.

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