Legal Opinion

Hall v. State

Wisconsin Supreme Court

Decided August 15, 1875PublishedCited by 14 opinions

The action was commenced in this court, to recover for alleged services of the plaintiff, as a commissioner of the geo-dogical survey of the state, from March, 1862, to March, 1863. The plaintiff was appointed such commissioner hy ch. 40, Laws of 1857; and in March, 1858, the governor entered into a contract with him as prescribed in spid act, to continue in force five years.

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The action was commenced in this court, to recover for alleged services of the plaintiff, as a commissioner of the geo-dogical survey of the state, from March, 1862, to March, 1863. The plaintiff was appointed such commissioner hy ch. 40, Laws of 1857; and in March, 1858, the governor entered into a contract with him as prescribed in spid act, to continue in force five years. The plaintiff received the salary fixed in the contract until March, 1862, at which time the act of 1857 was unconditionally repealed. The legislature refused to pay the claim. The foregoing facts are stated in the…

1Opinion of the CourtLyoN, J.

Several questions were ably argued at tbe bar, but tbe one which underlies all tbe others is: Did tbe repeal of tbe act of 1857 (cb. 40), providing for a geological and agricultural survey of tbe state, terminate tbe salaries of tbe commissioners thereby'appointed? If tbe commissioners were public officers, there can be no doubt that tbe repeal of tbe act appointing them, and appropriating money to pay them, terminated both tbe office and tbe right to tbe salaries which pertained to tbe office. In sucb case tbe repeal of tbe act of 1857 does not impair tbe obligation of contracts within tbe…

2Cases cited1 opinion

  1. Butler v. Regents of the UniversityWisconsin Supreme Court · 1873

3Cited by14 opinions

  1. State ex rel. Wisconsin Development Authority v. DammannWisconsin Supreme Court · 1938
  2. Martin v. SmithWisconsin Supreme Court · 1941
  3. In re the Appointment of a Revisor of the StatutesWisconsin Supreme Court · 1910
  4. State ex rel. O'Neil v. BliedWisconsin Supreme Court · 1925
  5. State ex rel. Zimmerman v. DammannWisconsin Supreme Court · 1930

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