Bell v. Fond du Lac County
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. On the 25th of November, 1878, the board of supervisors of Fond du Lac county adopted a resolution fixing the board of prisoners in the county jail of said county after December 1 of that year, at three dollars per -week for each prisoner while so confined. In November, 1880, plaintiff, as sheriff of said county, presented to said board of supervisors a claim for the board of said prisoners at the rate of $3.50 per week.
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APPEAL from the Circuit Court for Fond du Lao County. On the 25th of November, 1878, the board of supervisors of Fond du Lac county adopted a resolution fixing the board of prisoners in the county jail of said county after December 1 of that year, at three dollars per -week for each prisoner while so confined. In November, 1880, plaintiff, as sheriff of said county, presented to said board of supervisors a claim for the board of said prisoners at the rate of $3.50 per week. The supervisors allowed said claim at the rate of only three dollars per week; and plaintiff appealed from the decision…
1Opinion of the Court
Cole, C. -I.
"We are inclined to agree with plaintiff’s counsel in the proposition that the county board had hot the right to establish by resolution the price of board in advance, and' bind the sheriff by it; for the statute imposes the absolute duty and responsibility upon that officer “to take the charge and* *434custody of the jail of,’ his county and the persons therein, and keep them himself, or by his deputy or jailer.” Section 725, R. S. Consequently, the sheriff has no election or choice in the matter. He must take charge of the persons confined in the county jail, and he must, with other…
2Cited by9 opinions
- City of Milwaukee v. Milwaukee CountyWisconsin Supreme Court · 1965
- Kocken v. Wisconsin Council 40Wisconsin Supreme Court · 2007
- Parsons v. Waukesha CountyWisconsin Supreme Court · 1892
- Nickell v. Waukesha CountyWisconsin Supreme Court · 1885
- Opinion No. Oag 20-88, (1988), Wisconsin Attorney General Reports1988
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