Butler v. City of Milwaukee
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee •county: Waeren D. Tarrant, Circuit Judge. These facts were pleaded for a cause of action: Plaintiffs ■are taxpayers of the city of Milwaulcee, a duly organized municipal corporation of this state. They sue on behalf of themselves and all others similarly situated. During the period material to this action William II. Oraebner has been and is the treasurer of said city, and Peter Pctwinshi its comptroller.
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Appeal from an order of the circuit court for Milwaukee •county: Waeren D. Tarrant, Circuit Judge. These facts were pleaded for a cause of action: Plaintiffs ■are taxpayers of the city of Milwaulcee, a duly organized municipal corporation of this state. They sue on behalf of themselves and all others similarly situated. During the period material to this action William II. Oraebner has been and is the treasurer of said city, and Peter Pctwinshi its comptroller. A'-bol&ldí óf city service commissioners has been duly appointed and the members thereof have duly qualified pursuant to' ch. 313,…
1Opinion of the CourtMaeshall, J.
The demurrer seems to have been sustained below solely upon the ground that the second assistant city clerk is within the exemption clause of sec. 6, ch. 313, Laws of 1895, which provides that “officers and clerks, for the faithful discharge of whose duties a superior officer is required to give bond, .... shall not be affected” by the rules of the pity service commissioners “as to- their election, selection, or appointment.” If such ground was well taken it is conceded by counsel for appellants that the decision complained of must be affirmed.
The quoted language seems plain. If there is any…
2Cases cited1 opinion
- Russell v. LawtonWisconsin Supreme Court · 1861
3Cited by4 opinions
- Castelaz v. City of MilwaukeeWisconsin Supreme Court · 1980
- Aetna Casualty & Surety Co. v. Mayor & Council of WilmingtonCourt of Chancery of Delaware · 1932
- Johnson v. City of MilwaukeeWisconsin Supreme Court · 1911
- McClutchey v. Milwaukee CountyWisconsin Supreme Court · 1941