Clausen v. Fond du Lac County
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Fond du Lac county: Chester A. Fowler, Circuit Judge. This is an appeal from a judgment affirming the disal-lowance by the county board of Fond du Lac county of plaintiff’s claim for salary as clerk and phonographic reporter of the county court of said county from September 1, 1915, to February 23, 1916. The facts were stipulated and were in substance as follows; Plaintiff on September 1, 1915, was, and for some time prior…
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Appeal from a judgment of the circuit court for Fond du Lac county: Chester A. Fowler, Circuit Judge. This is an appeal from a judgment affirming the disal-lowance by the county board of Fond du Lac county of plaintiff’s claim for salary as clerk and phonographic reporter of the county court of said county from September 1, 1915, to February 23, 1916. The facts were stipulated and were in substance as follows; Plaintiff on September 1, 1915, was, and for some time prior thereto had been, the duly appointed and qualified clerk and phonographic reporter of the county court of Fond du Lac…
1Opinion of the CourtWinslow, C. J.
There is much respectable authority to the effect that appointments to office by a de facto officer are as valid and effectual as though made by a de jure officer. 2 Dillon, Mun. Corp. § 519 and authorities cited; 8 Am. & Eng. Ency. of Law (2d ed.) 822. The other view is taken in England and by some authorities in this country. In re Ringler & Co. 204 N. Y. 30, 97 N. E. 593. It is not necessary to decide the question in this case and we intimate no opinion thereon. In the case before us Judge Chadbourne appointed a clerk and phonographic reporter for the supposed superior court, a court which…
2Cases cited6 opinions
- McVeany v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1880
- In Re the Elections of Directors of George Ringler & Co.New York Court of Appeals · 1912
- Fylpaa v. Brown CountySouth Dakota Supreme Court · 1895
- Kempster v. City of MilwaukeeWisconsin Supreme Court · 1897
- Scott v. CrumpMichigan Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Becker v. Green CountyWisconsin Supreme Court · 1922
- Olson v. City of SuperiorWisconsin Supreme Court · 1942
- Schoonover v. City of ViroquaWisconsin Supreme Court · 1944
- Logan v. City of Two RiversWisconsin Supreme Court · 1938
- State ex rel. Tracy v. LevitanWisconsin Supreme Court · 1938
2 more not listed; retrieve them via the Exa API.