Rees v. City of Minneapolis
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $380' for policeman’s salary from October 7, 1906, to March 21, 1907. The case was tried before John Day Smith, J., who made findings and as conclusions of law found that plaintiff was entitled to judgment in the sum of $210. From an order denying its motion for a new trial,, defendant appealed.
1DissentBrown, J.
I am unable to concur in the conclusion arrived at in this case by the majority of the court. The rights of plaintiff are controlled by the general rule that an officer who has been rightfully suspended from his office by proper authority is not entitled to compensation during the period of suspension, though the converse of the proposition is maintained by respectable authorities where the suspension is wrongful. Throop, Public Officers, §§ 507, 508; Smith v. City, 37 N. Y. 518; Steubenville v. Culp, 38 Oh. St. 18, 43 Am. 417; Westberg v. City, 64 Mo. 493; Blackwell v. City, 101 Mo. App.…
2Cases cited7 opinions
- Fitzsimmons v. . City of BrooklynNew York Court of Appeals · 1886
- Smith v. . the Mayor, Etc., of New YorkNew York Court of Appeals · 1868
- Emmitt v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1891
- Ward v. MarshallCalifornia Supreme Court · 1892
- Westberg v. City of KansasSupreme Court of Missouri · 1877
2 more not listed; retrieve them via the Exa API.