Ruell v. City of Alpena
Michigan Supreme Court
Error to Alpena; Kelley, J. Assumpsit by Edward A. Ruell against the city of Alpena to recover a balance alleged to be due him for salary as sergeant of police. From a judgment for defendant on verdict directed by the court, plaintiff brings error. By the charter of the city of Alpena prior to 1891, the general police power was vested in the common council. So, also, was the power “to determine and regulate the compensation of all officers elected or appointed.”
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Error to Alpena; Kelley, J. Assumpsit by Edward A. Ruell against the city of Alpena to recover a balance alleged to be due him for salary as sergeant of police. From a judgment for defendant on verdict directed by the court, plaintiff brings error. By the charter of the city of Alpena prior to 1891, the general police power was vested in the common council. So, also, was the power “to determine and regulate the compensation of all officers elected or appointed.” Under that charter the council passed an ordinance providing that the council should have power to appoint a chief of police, a…
1Opinion of the CourtGrant, J.
(after stating the facts). Under both the old and amended charters, the exclusive power to fix salaries was in the common council. The provisions of the ordinance, enacted under the old charter, fixing the salaries of the police officers, were not repealed by that provision of the amended charter authorizing the formation of a board of commissioners and giving it control of the police department. The council had taken no other action fixing the plaintiff’s salary, and it was therefore governed by the ordinance. Miller v. Board of Auditors, 41 Mich. 4. See, also, People v. Board of Police, 75…
2Cases cited4 opinions
- People Ex Rel. Satterlee v. . Board of PoliceNew York Court of Appeals · 1878
- Kehn v. . State of New YorkNew York Court of Appeals · 1883
- Ryce v. City of OsageSupreme Court of Iowa · 1893
- People ex rel. Miller v. Board of AuditorsMichigan Supreme Court · 1879
3Cited by5 opinions
- Kaminski v. Wayne County Board of AuditorsMichigan Supreme Court · 1938
- Brown v. Department of Military AffairsMichigan Supreme Court · 1971
- Lee v. County of MacOmbMichigan Supreme Court · 1939
- McQuaid v. Oakland County Board of County AuditorsMichigan Supreme Court · 1946
- Drolshagen v. County of WayneMichigan Supreme Court · 1938