Gallaher v. City of Lincoln
Nebraska Supreme Court
Error from the district court for Lancaster county. Tried below before Holmes, J. It is against public policy to permit the appointing officer or board to exact of an appointee, as a condition of appointment to office, surrender of any right, privilege or emolument appertaining thereto. The appointee is not bound by any agreement so exacted, but is entitled to collect the full salary notwithstanding. Such a contract amounts to bribery in its largest sense.
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Error from the district court for Lancaster county. Tried below before Holmes, J. It is against public policy to permit the appointing officer or board to exact of an appointee, as a condition of appointment to office, surrender of any right, privilege or emolument appertaining thereto. The appointee is not bound by any agreement so exacted, but is entitled to collect the full salary notwithstanding. Such a contract amounts to bribery in its largest sense. Mechem, Public Officers, secs. 372, 373; Throop, Public Officers, sec. 456; People v. Board of Police, 75 N. Y., 38; Purdy v. City of…
1Opinion of the Court
Oldham, 0.
This is a suit in which the plaintiff sued the defendant, city of Lincoln, in the district court for Lancaster county, Nebraska, for $450, alleged to have been a balance due her as salary for services rendered as police matron of said city. There was no contest over the facts in the case, which were all either admitted by the pleadings and stipulation or testified to without contradiction. The undisputed facts are that the city of Lincoln is organized as a city of the first class, having more than 25,000 inhabitants; that the office of police matron in cities having more than 25,000…
2Cases cited6 opinions
- People Ex Rel. Satterlee v. . Board of PoliceNew York Court of Appeals · 1878
- State ex rel. Newell v. PurdyWisconsin Supreme Court · 1874
- Kehn v. . State of New YorkNew York Court of Appeals · 1883
- State ex rel. Attorney General v. CollierSupreme Court of Missouri · 1880
- Montague's Adm'r v. MasseySupreme Court of Virginia · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- ætna Life Ins. Co. v. KeplerCourt of Appeals for the Eighth Circuit · 1941
- Furstenberg v. Omaha & Council Bluffs Street Railway Co.Nebraska Supreme Court · 1937
- Pitsch v. Continental & Commercial National BankIllinois Supreme Court · 1922
- Allen v. City of LawrenceMassachusetts Supreme Judicial Court · 1945
- Bodenhofer v. HoganSupreme Court of Iowa · 1909
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