Fountain v. Mayor of Jackson

Motion is made for a rehearing on the ground that a statute of 1879, which took from the board of public works and conferred upon the common council the power to fix the plaintiffs salary, was overlooked or not noticed by the Court in the opinion.

But that statute was unimportant to this controversy unless the council acted upon it. The facts as found are that the plaintiff, when the statute took effect, was receiving a salary of $1200 a year under a previous appointment; that this continued to be paid until the spring of 1880, when the common council, in the annual appropriation bill,…