Gilbert-Arnold Land Co. v. City of Superior
Wisconsin Supreme Court
Appeal from a judgment of tbe superior court of Douglas county: Chaeles Smith, Judge.. This is an action to restrain tbe city of Superior and its officers from paying any greater salaries than such as were authorized by the city council on the 6th day of March, 1894. The following are undisputed facts: On the 6th day of March, 1894, and for the year previous, the charter of the city of Superior (sec. 15, ch. 124, Laws of 1891) required the common council, in the month of…
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Appeal from a judgment of tbe superior court of Douglas county: Chaeles Smith, Judge.. This is an action to restrain tbe city of Superior and its officers from paying any greater salaries than such as were authorized by the city council on the 6th day of March, 1894. The following are undisputed facts: On the 6th day of March, 1894, and for the year previous, the charter of the city of Superior (sec. 15, ch. 124, Laws of 1891) required the common council, in the month of March each year, to fix all the salaries to be paid for the ensuing year to every city officer entitled to a salary, to be…
1Opinion of the Court
Maiíshall, J.
It is not claimed, and indeed cannot be seriously, that the common council of the appellant city had any authority, under sec. 72, ch. 312, Laws of 1893, to adopt the repealing clause of that act in place of sec. 239 of the city charter, prohibiting the payment of salaries to certain officers named therein, and thereby pave the way for granting salaries to such officers. The action of the common council in that regard is without even the semblance of legal authority. The' substituted section does not constitute any *357part of the general law for the organization of cities; none…
2Cases cited6 opinions
- Slauson v. City of RacineWisconsin Supreme Court · 1861
- Dells v. KennedyWisconsin Supreme Court · 1880
- State ex rel. Walsh v. DousmanWisconsin Supreme Court · 1871
- Slinger v. HennemanWisconsin Supreme Court · 1875
- State ex rel. Cornish v. TuttleWisconsin Supreme Court · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Adams v. City of BeloitWisconsin Supreme Court · 1900
- Booth & Flinn, Ltd. v. MillerSupreme Court of Pennsylvania · 1912
- Huber v. MartinWisconsin Supreme Court · 1906
- Quiggle v. HermanWisconsin Supreme Court · 1907
- Muench v. Public Service CommissionWisconsin Supreme Court · 1952