Legal Opinion

State ex rel. Rudolph v. Hutchinson

Wisconsin Supreme Court

Decided January 8, 1908PublishedCited by 3 opinions

Appeal from a judgment of tbe circuit court for Rock county: Geobge Geimm, Circuit Judge. Action of mandamus. Tbe petition alleged tbe petitioners to bave been aldermen of tbe city of Janesville; that on February 5, 1906; tbe common council by due vote adopted as an amendment to tbe special charter of Janesville sec. 925 — 30, Stats.

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Appeal from a judgment of tbe circuit court for Rock county: Geobge Geimm, Circuit Judge. Action of mandamus. Tbe petition alleged tbe petitioners to bave been aldermen of tbe city of Janesville; that on February 5, 1906; tbe common council by due vote adopted as an amendment to tbe special charter of Janesville sec. 925 — 30, Stats. (1898), wbicb authorized tbe council to provide for payment of salaries to tbe mayor and aldermen; that thereafter, but on tbe same day, tbe council by tbe required three-fourths vote passed an ordinance fixing the salaries of various officers, which provided…

1Opinion of the CourtDodge, J.

The effect of the adoption of sec. 925; — 30, Stats. (1898), as an addition to and amendment of the city charter unquestionably was to authorize payment of salary *286and compensation to tbe mayor and aldermen in common with the other officers of the city. Being the latest portion of said charter legislatively adopted, it of course superseded former portions thereof inconsistent therewith. That section provided:

“The common council shall by ordinance provide such salary or compensation for the officers and employees of the city as it shall deem proper; provided, that in cities of the second, third…

2Cases cited6 opinions

  1. New Orleans Water Works Co. v. New OrleansSupreme Court of the United States · 1896
  2. State ex rel. Rose v. Superior Court of Milwaukee CountyWisconsin Supreme Court · 1900
  3. State ex rel. Martin v. DoyleWisconsin Supreme Court · 1875
  4. State ex rel. Gericke v. Mayor of AhnapeeWisconsin Supreme Court · 1898
  5. State ex rel. Ginn v. WilsonWisconsin Supreme Court · 1904

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

3Cited by3 opinions

  1. State ex rel. Wagner v. DahlWisconsin Supreme Court · 1909
  2. State ex rel. Davern v. RoseWisconsin Supreme Court · 1909
  3. State ex rel. Vanderwall v. Mayor of PhillipsWisconsin Supreme Court · 1908

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