Logan v. City of Two Rivers

Three questions are raised upon this appeal: (1) Another person having been appointed to the police force and having been paid his salary, is the city liable to- the plaintiff?. (2) Is the plaintiff entitled to recover interest on deferred payments? (3) Was the plaintiff guilty of laches?

I. It is contended that there are two lines of authority with respect to the effect of payment of salary to a de facto *501officer when set up as a defense to an action or proceeding by a de pire officer for the same salary. See 55 A. L. R. 997, note. It is claimed that Wisconsin in Clausen v. Fond du Lac County…