Nelson v. City of Superior
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: James O’Neill, Judge. Action to recover a balance said to be due plaintiff from defendant for services rendered as a fireman. The cause was tried by the court. The evidence disclosed, without dispute, the following: Erom 1893 to May 1, 1897, plaintiff was a fireman for defendant city, by appointment by the common council thereof.
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Appeal from a judgment of the circuit court for Douglas county: James O’Neill, Judge. Action to recover a balance said to be due plaintiff from defendant for services rendered as a fireman. The cause was tried by the court. The evidence disclosed, without dispute, the following: Erom 1893 to May 1, 1897, plaintiff was a fireman for defendant city, by appointment by the common council thereof. In February, 1896, such council passed an ordinance in form fixing the salaries of all officers and employees of the city for the ensuing year, that of plaintiff being named at $65-per month. September…
1Opinion of the Court
MáRshall, J.
Was appellant an officer of the city of ■Superior within the meaning of its charter, ch. 124, Laws of .1891? It seems to have been overlooked that such question must be tested by the charter, and that it was decided on general principles governing who is an officer and who an •employee of a municipality. If the same line could be followed here, support could be easily found for the conclusion *621of the trial court, but it cannot, since the charter unmistakably includes firemen among the appointive city officers. That appears by implication by sec. 9, and expressly by secs. 11 and…
2Cases cited14 opinions
- People Ex Rel. Satterlee v. . Board of PoliceNew York Court of Appeals · 1878
- Clark v. . StateNew York Court of Appeals · 1894
- Kehn v. . State of New YorkNew York Court of Appeals · 1883
- McInery v. City of GalvestonTexas Supreme Court · 1883
- Be Boest v. GambellOregon Supreme Court · 1899
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3Cited by10 opinions
- Allen v. City of LawrenceMassachusetts Supreme Judicial Court · 1945
- Crutcher v. Johnson CountyCourt of Appeals of Texas · 1935
- Schuh v. City of WaukeshaWisconsin Supreme Court · 1936
- Altenberg v. City of SuperiorWisconsin Supreme Court · 1938
- Myers v. City of CalipatriaCalifornia Court of Appeal · 1934
5 more not listed; retrieve them via the Exa API.