Butler v. City of Milwaukee
Wisconsin Supreme Court
APPEAL from the County Court for Milwaukee County. This was an action to recover the value of services rendered by the plaintiff as an attorney at law, at the request of the city of Milwaukee, in the prosecution of divers criminal proceedings against one Lynch and others who had lately been officers of the city, for divers misconducts in office; and for services rendered by the plaintiff, upon like request, to a committee appointed by the common council of the city to…
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APPEAL from the County Court for Milwaukee County. This was an action to recover the value of services rendered by the plaintiff as an attorney at law, at the request of the city of Milwaukee, in the prosecution of divers criminal proceedings against one Lynch and others who had lately been officers of the city, for divers misconducts in office; and for services rendered by the plaintiff, upon like request, to a committee appointed by the common council of the city to investigate its affairs in connection with the acts of divers of its-officers and agents. The complaint alleged the value of…
1Opinion of the Court
By the Court,
Dixon, C. J.
Few cases seem plainer to me 1 . than this. I think the common council had no right to contract with the plaintiff in the manner specified, and however meritorious his services and beneficial to the public, that their employment created no legal liability upon the city. It is conceded that no such power is expressly given by the charter, and that if it exists, it comes as an incident to some other power which is, or by virtue of the grant of “ the general powers posessed by municipal corporations at common law.” Laws of1852, chap. 56, sec. 1. It is a sufficient answer…
2Cases cited1 opinion
- Miller v. City of MilwaukeeWisconsin Supreme Court · 1861
3Cited by15 opinions
- City of Winchester v. RedmondSupreme Court of Virginia · 1896
- City of Superior v. RoemerWisconsin Supreme Court · 1913
- Messmore v. KrachtMichigan Supreme Court · 1912
- Oneida County v. TibbitsWisconsin Supreme Court · 1905
- Barrett v. City of AtlantaSupreme Court of Georgia · 1916
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