Kempster v. City of Milwaukee
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. This is an action to recover from the defendant city of Milwaukee a sum of money which plaintiff claims is due him -on account of salary as health commissioner for said city.
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Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. This is an action to recover from the defendant city of Milwaukee a sum of money which plaintiff claims is due him -on account of salary as health commissioner for said city. The complaint shows that the charter of the city of Milwau-Tcee provides for an office known as commissioner of health; that such office shall be filled by appointment by the mayor, with the approval of the common council; that the person so appointed, and whose appointment shall have been so approved, shall hold the office for the…
1Opinion of the CourtMaRshall, J.
The ground of complaint on this appeal is “that the court erroneously directed judgment for plaintiff on the evidence and special verdict, for two reasons: First, because the facts found by the verdict are not sufficient to *347■show that plaintiff was eligible to the office when he was appointed; and second, that the salary for the time he was excluded from the office was paid to a de facto officer, Avho performed the duties of the office, and that the city cannot be compelled to pay the same again to plaintiff.
The particular defect in the special verdict pointed out by defendant is that it…
2Cases cited5 opinions
- Andrews v. City of PortlandSupreme Judicial Court of Maine · 1887
- Ward v. MarshallCalifornia Supreme Court · 1892
- Kellogg v. Supervisors of Winnebago CountyWisconsin Supreme Court · 1877
- Warden v. Bayfield CountyWisconsin Supreme Court · 1894
- Parsons v. City of BangorSupreme Judicial Court of Maine · 1872
3Cited by12 opinions
- White v. ManchinWest Virginia Supreme Court · 1984
- Eastman v. City of MadisonCourt of Appeals of Wisconsin · 1983
- Frame v. ThormannWisconsin Supreme Court · 1899
- Heymann v. LuchsingerWisconsin Supreme Court · 1926
- State ex rel. Hayden v. ArnoldWisconsin Supreme Court · 1912
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