Legal Opinion

Kempster v. City of Milwaukee

Wisconsin Supreme Court

Decided June 2, 1899PublishedCited by 7 opinions

Appeal from an order of the superior court of Milwaukee county: J. 0. Ludwig, Judge. The facts are stated in the opinion. contended, inter cilia, that plaintiff, as the agent of the defendant, was involved in litigation, forced on him by defendant, for acts done by him in the bona, fide discharging of his duty, and defendant should indemnify him therefor. Howe v. B., JV.

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Appeal from an order of the superior court of Milwaukee county: J. 0. Ludwig, Judge. The facts are stated in the opinion. contended, inter cilia, that plaintiff, as the agent of the defendant, was involved in litigation, forced on him by defendant, for acts done by him in the bona, fide discharging of his duty, and defendant should indemnify him therefor. Howe v. B., JV. Y. & E. B. Go. 37 N. T. 297; Lawrence v. McAlvin, 109 Mass. 311; Gregory v. Bridgeport, 41 Conn. 76; Hotchkiss v. Plunkett, 60 Conn. 230; State v. Hammonton, 38 N. J. Law, 430; Sherman v. Oarr, 8 R. I. 431; Vincent v.…

1Opinion of the CourtWinslow, J.

This is an appeal from an order sustaining a demurrer to the-complaint. The complaint alleges, in substance, that the plaintiff was the duly elected and qualified commissioner of health of the city of Milwaukee, and that in October, 1894, while a smallpox epidemic was raging in said city, and the plaintiff was performing his duty in trying to check the same, thirty-four charges of misconduct in office were wilfully and maliciously preferred against him, by private parties, to the council, for the sole purpose of harassing the plaintiff and causing him to abdicate his office; that the council…

2Cases cited5 opinions

  1. Hayes v. City of OshkoshWisconsin Supreme Court · 1873
  2. Kuehn v. City of MilwaukeeWisconsin Supreme Court · 1896
  3. Robinson v. RohrWisconsin Supreme Court · 1889
  4. Uren v. WalshWisconsin Supreme Court · 1883
  5. Lawrence v. McAlvinMassachusetts Supreme Judicial Court · 1872

3Cited by7 opinions

  1. Folk v. City of MilwaukeeWisconsin Supreme Court · 1900
  2. Lowe v. ConroyWisconsin Supreme Court · 1904
  3. Apfelbacher v. StateWisconsin Supreme Court · 1915
  4. Evans v. City of SheboyganWisconsin Supreme Court · 1913
  5. Engel v. City of MilwaukeeWisconsin Supreme Court · 1914

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