St. Croix County v. Webster
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for St. Croix ■county: W. C. Silvebthobn, Judge. This is an action by St. Croix County to recover back from the defendant alleged illegal fees which had theretofore been paid by the county to the defendant in his capacity as ■ clerk of the circuit court.
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Appeal from a judgment of the circuit court for St. Croix ■county: W. C. Silvebthobn, Judge. This is an action by St. Croix County to recover back from the defendant alleged illegal fees which had theretofore been paid by the county to the defendant in his capacity as ■ clerk of the circuit court. It appears from the evidence that the defendant was clerk of the circuit court of St. Croix County for six years, being from 1891 to 1896, inclusive; 'that during that time he rendered annual bills to the county board for services claimed to have been performed by him, • as such clerk, for and on…
1Opinion of the CourtWiNslow, J.
Whatever uncertainty may exist in the decisions of other courts upon the main question presented in this action, there is no uncertainty as to the position of this court, and that position maybe briefly stated as follows: A public officer takes his office cum onere, and all services performed by him within the scope of his official duties, or which are voluntarily performed as such officer, are covered by his salary or compensation as fixed by law. A municipal corporation has no jurisdiction to allow to such officer additional compensation not authorized by law for the performance of such…
2Cases cited5 opinions
- Frederick v. Douglas CountyWisconsin Supreme Court · 1897
- Webster v. Douglas CountyWisconsin Supreme Court · 1899
- Quaw v. PaffWisconsin Supreme Court · 1898
- Supervisors of Kewaunee County v. KnipferWisconsin Supreme Court · 1875
- Land, Log & Lumber Co. v. McIntyreWisconsin Supreme Court · 1898
3Cited by16 opinions
- City of Milwaukee v. Milwaukee CountyWisconsin Supreme Court · 1965
- Balch v. BeachWisconsin Supreme Court · 1903
- Stevenson v. Milwaukee CountyWisconsin Supreme Court · 1909
- Allen v. City of MilwaukeeWisconsin Supreme Court · 1906
- McNay v. Town of LowellIndiana Court of Appeals · 1908
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