Legal Opinion

Ware v. City of Battle Creek

Michigan Supreme Court

Decided June 3, 1918No. Docket No. 129PublishedCited by 13 opinions

Case-made from Calhoun; North, J. Assumpsit by William E. Ware against the city of Battle Creek for an amount allowed by the common council for office rent. Judgment for defendant. Plaintiff appeals.

1Opinion of the CourtKuhn, J.

This case 'was tried by the court without a jury under stipulated facts from which it appears that the plaintiff, under a lawful appointment, occupied the office of city attorney for the city of Battle Creek, defendant, from May 1, 1910, to April 7, 1911. Section 1 of the ordinance of June 15, 1903, is as follows:

“The city attorney shall receive an annual salary of $1,200.00 to be paid monthly and shall not be entitled to any fees or perquisites of office in addition to his salary, except actual expenses while engaged in the discharge of his official duties when out of the city.”

Section 1 of…

2Cases cited5 opinions

  1. State v. SheldonNebraska Supreme Court · 1907
  2. Messmore v. KrachtMichigan Supreme Court · 1912
  3. Board of Supervisors v. BeveridgeIllinois Supreme Court · 1855
  4. Hill v. City of ClarindaSupreme Court of Iowa · 1897
  5. Pistorius v. Saginaw County SupervisorsMichigan Supreme Court · 1883

3Cited by13 opinions

  1. State ex rel. Weldon v. ThomasonTennessee Supreme Court · 1919
  2. State ex rel. Payne v. ReevesSouth Dakota Supreme Court · 1921
  3. Terrell v. KingTexas Supreme Court · 1929
  4. Taxpayers' League of Carbon County v. McPhersonWyoming Supreme Court · 1936
  5. Christopherson v. ReevesSouth Dakota Supreme Court · 1921

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