Montgomery v. Board of Supervisors
Wisconsin Supreme Court
APPEAL from the . Circuit Court for Trempealeau County. The plaintiffs, who are partners as attorneys-at-law, presented to the supervisors of Jackson county an account against the county for services rendered by Mr. Montgomery in the prosecution of a person indicted - in that county for murder. The account was disallowed, the supervisors denying that Mr. Montgomery had ever been employed by the county to render such services.
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APPEAL from the . Circuit Court for Trempealeau County. The plaintiffs, who are partners as attorneys-at-law, presented to the supervisors of Jackson county an account against the county for services rendered by Mr. Montgomery in the prosecution of a person indicted - in that county for murder. The account was disallowed, the supervisors denying that Mr. Montgomery had ever been employed by the county to render such services. An appeal was taken to the circuit court, and the venue changed to Trempealeau county. The plaintiffs offered to prove that Mr. Montgomery was retained by the…
1Opinion of the CourtDowneb, J.
The only question presented hy this appeal is, whether the hoard of supervisors of a county have authority to employ, at the expense of the county, an attorney to aid the district attorney in prosecuting an indictment for murder. The law has made ample provisions for the prosecution of criminal actions. Section 17 of Art. YH of the constitution, provides that all criminal prosecutions shall be carried on in the name and by the authority of the state. The constitution and laws also provide for the election of district attorneys, and for their removal from office by the governor; and, in case…
2Cases cited1 opinion
- Butler v. City of MilwaukeeWisconsin Supreme Court · 1862
3Cited by2 opinions
- Frederick v. Douglas CountyWisconsin Supreme Court · 1897
- McDonald v. Board of Supervisors of Milwaukee CountyWisconsin Supreme Court · 1877