Legal Opinion

Warden v. Bayfield County

Wisconsin Supreme Court

Decided February 23, 1894PublishedCited by 8 opinions

APPEAL from the Circuit Court for Bayfield County. The facts are stated in the opinion. to the point that the county, having paid the salary to the defaeto officer while in office, cannot be compelled to pay it again to the officer de jure, cited Mechem, Pub. Off. § 332; o Am. & Eng. Ency. of Law, 110; Sigur v. Crenshaw, 10 La.

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APPEAL from the Circuit Court for Bayfield County. The facts are stated in the opinion. to the point that the county, having paid the salary to the defaeto officer while in office, cannot be compelled to pay it again to the officer de jure, cited Mechem, Pub. Off. § 332; o Am. & Eng. Ency. of Law, 110; Sigur v. Crenshaw, 10 La. Ann. 298; Petit v. Bousseau, 15 id. 239; Dolan v. Few York, 68 N. Y. 274; MeVeany v. Few York, 80 id. 185; Terhune v. Few York, 88 id. 251; Smith v. Few York, 37 id. 518; Auditors v. Benoit, 20 Mich. 176; McCrary, Am. Elect, sec. 204; State ex rel. Warden v. Knight, 82…

1Opinion of the CourtOrton, C. J.

This is an appeal to the circuit court from an order of the board of supervisors of Bayfield county 'disallowing the plaintiff’s claim for $820 of his salary as *182county treasurer of said county for the year 1891, and an appeal from the judgment of the circuit court against the plaintiff.

The county board had fixed the salary of the county treasurer at $1,200 a year. The plaintiff’s term of service commenced from the 24th day of January, 1891, the time of his qualification for said office, and his salary for that jmar was therefore only $1,120. The board allowed him $300 for the fourth quarter…

2Cases cited14 opinions

  1. Fitzsimmons v. . City of BrooklynNew York Court of Appeals · 1886
  2. Wilcox v. SmithNew York Supreme Court · 1830
  3. State ex rel. Worrell v. CarrIndiana Supreme Court · 1891
  4. Ward v. MarshallCalifornia Supreme Court · 1892
  5. McCue v. County of WapelloSupreme Court of Iowa · 1881

9 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Commonwealth v. BushCourt of Appeals of Kentucky · 1909
  2. City of Terre Haute v. BurnsIndiana Court of Appeals · 1917
  3. Kempster v. City of MilwaukeeWisconsin Supreme Court · 1897
  4. Gibbs v. ManchesterSupreme Court of New Hampshire · 1905
  5. Morton v. City of AuroraIndiana Court of Appeals · 1932

3 more not listed; retrieve them via the Exa API.

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