Marden v. Portsmouth
Supreme Court of New Hampshire
Assumpsit. Facts found by a referee. The plaintiff was elected city marshal of Portsmouth, Oct. 2, 1874. At that time the city marshal received an annual salary of $800, and his fees as a witness in the police court in all cases where the city were a party or interested.
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Assumpsit. Facts found by a referee. The plaintiff was elected city marshal of Portsmouth, Oct. 2, 1874. At that time the city marshal received an annual salary of $800, and his fees as a witness in the police court in all cases where the city were a party or interested. October 9,1874, an ordinance of the city fixed the salary at $700, and required all fees and costs allowed him in the police court, including his costs as a witness in criminal eases and in any other case in which the city might be a party’ or interested, to be paid to the city. The plaintiff held the office until Oct. 28,…
1Opinion of the CourtStanley, J.
The city councils were by law vested with all the powers of towns — Gen. St., c. 44, s. 1; and among these powers was that of fixing the compensation of police officers. Gen. St., c. 44, s. 2; c. 235, s. 6. The plaintiff was city marshal, and, by virture of his office, a police officer. Gen. St., e. 43, s. 7. This being the case, he was only entitled to recover such compensation as was fixed by the city councils. The acceptance of the office was under the implied condition that the city councils might change the salary at any time. There is nothing in the statute which conflicts with this…
2Cases cited11 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- BUTLER v. Commonwealth of PennsylvaniaSupreme Court of the United States · 1851
- Conner v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
- Warner v. People ex rel. ConnerNew York Supreme Court · 1845
- Smith v. . the Mayor, Etc., of New YorkNew York Court of Appeals · 1868
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