State ex rel. Elliott v. Kelly
Wisconsin Supreme Court
Appeal from a judgment of the -circuit court for Lincoln county: A. H. Reid, Circuit Judge. Mandamus action to compel the proper officers of the city of Tomahawk to issue a municipal warrant to the relator for salary as “superintendent of trade and commerce.”
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Appeal from a judgment of the -circuit court for Lincoln county: A. H. Reid, Circuit Judge. Mandamus action to compel the proper officers of the city of Tomahawk to issue a municipal warrant to the relator for salary as “superintendent of trade and commerce.” The cause, in due form, was submitted on a record showing the following: The relator, during the term for which he sought' to recover compensation, had assumed to hold an official position in the city of Tomahawk, denominated “superintendent of trade and commerce.” ■ He commenced the action to obtain a warrant for his pay after the…
1Opinion of the CourtMaestbtall, J.
Tbe first question for solution is: Was there a de jure office in tbe city of Tomahawk, as claimed by tbe relator ? Obviously, .if otherwise, there could not be an incumbent, either de jure or de facto, of such place, and a bolding of at least Uie latter dignity would be required in *485order to entitle the relator, under any circumstances, to compensation for bis services.
It does not clearly appear from tbe name, “superintendent of trade and commerce,” that the duties of the place in question were other than of a municipal character. Possibly, as suggested by counsel for' appellants, the purpose…
2Cases cited4 opinions
- Ekern v. McGovernWisconsin Supreme Court · 1913
- City of Green Bay v. BraunsWisconsin Supreme Court · 1880
- Manske v. City of MilwaukeeWisconsin Supreme Court · 1904
- Herman v. City of OcontoWisconsin Supreme Court · 1898
3Cited by24 opinions
- Mehlos v. City of MilwaukeeWisconsin Supreme Court · 1914
- Wisconsin Gas & Electric Co. v. City of Fort AtkinsonWisconsin Supreme Court · 1927
- City of Milwaukee v. RaulfWisconsin Supreme Court · 1916
- Spencer v. City of AlhambraCalifornia Court of Appeal · 1941
- State Ex Rel. Reynolds v. SmithWisconsin Supreme Court · 1964
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