City of Green Bay v. Brauns
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. Action on the official bond of Brauns as treasurer of the. plaintiff city from April, 1876, to April, 1877. The breach of .the bond alleged was, that Brauns had taken out of the moneys' received by him as such treasurer, $1,500 as compensation for his services during said term, being $500 in excess of the amount of his salary as duly fixed by the common council, and had refused to pay over said $500 to his successor in office.
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APPEAL from the Circuit Court for Brown County. Action on the official bond of Brauns as treasurer of the. plaintiff city from April, 1876, to April, 1877. The breach of .the bond alleged was, that Brauns had taken out of the moneys' received by him as such treasurer, $1,500 as compensation for his services during said term, being $500 in excess of the amount of his salary as duly fixed by the common council, and had refused to pay over said $500 to his successor in office. The defense was, that the salary of the office for that year, as duly fixed at the last regular meeting of the…
1Opinion of the CourtCole, J.
We are clear in the opinion that the common council, at its meeting on the 28 th of March, 1876, fixed the salary of the treasurer to be elected at the next ensuing election at $1,000, and that he can claim no more than that sum. Section 12, ch. 179, Laws of 1876, gave the common council ample authority thus to fix the salary. But some objections are taken by the learned counsel for the defendants to the validity of this action of the common council. He claims that, under the provisions of the city charter (chapter 262, Laws of 1875), the common council could only fix the salary of the…
2Cited by21 opinions
- Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
- Meade v. Dane CountyWisconsin Supreme Court · 1914
- State ex rel. Elliott v. KellyWisconsin Supreme Court · 1913
- Steward v. RustSupreme Court of Arkansas · 1952
- Kerlin v. City of Devils LakeNorth Dakota Supreme Court · 1913
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