Quaw v. Paff
Wisconsin Supreme Court
Appeal from an order of the circuit court for Marathon county: Chas. M. Webb, Judge. Action to declare and enforce a constructive trust. The material allegations of the complaint are, in substance, as folio ws: Erom and after the first Monday of January, 1895, defendant Paff was county treasurer of Marathon county, and plaintiff a taxpayer of such county.
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Appeal from an order of the circuit court for Marathon county: Chas. M. Webb, Judge. Action to declare and enforce a constructive trust. The material allegations of the complaint are, in substance, as folio ws: Erom and after the first Monday of January, 1895, defendant Paff was county treasurer of Marathon county, and plaintiff a taxpayer of such county. The action was brought by plaintiff in his own behalf, and in behalf of all other taxpayers of the county similarly situated. At the annual November (1895) meeting of the county board of supervisors of the county, there was allowed to the…
1Opinion of the CourtMaeshall, J.
It is not contended on the part of the appellant that there was any legal or equitable claim against Marathon county as a basis or consideration for the money which, under the forms of law as set forth in the complaint, he drew from the county treasury and still retains. Indeed, ■no such claim can be made in face of the express statutory prohibition against any increase of the salary of a ■county officer during his term of office (sec. 694, R. S. 18Y8), and in face of the repeated decisions of this court, that that wholesome provision of law- cannot be successfully evaded, so as to be beyond…
2Cases cited5 opinions
- Frederick v. Douglas CountyWisconsin Supreme Court · 1897
- Rooney v. Supervisors of Milwaukee CountyWisconsin Supreme Court · 1876
- Crocker v. Supervisors of Brown CountyWisconsin Supreme Court · 1874
- Supervisors of Kewaunee County v. KnipferWisconsin Supreme Court · 1875
- Jones v. Supervisors of Grant CountyWisconsin Supreme Court · 1861
3Cited by25 opinions
- Land, Log & Lumber Co. v. McIntyreWisconsin Supreme Court · 1898
- Webster v. Douglas CountyWisconsin Supreme Court · 1899
- Miller v. Jackson TownshipIndiana Supreme Court · 1912
- Balch v. BeachWisconsin Supreme Court · 1903
- Mulberger v. BeurhausWisconsin Supreme Court · 1899
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