Cutts v. Rock County
Wisconsin Supreme Court
APPEAL from the Circuit Court for Hooh County. The case is thus stated by Mr. Justice Cassoday: “At a meeting of the board of supervisors of the county, held in November, 1880, the plaintiff presented an itemized account for services rendered by him as constable in sundry criminal cases. Among the charges made were a large num-: ber of $1.50 each, for attending upon justices’ or police courts with prisoners.
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APPEAL from the Circuit Court for Hooh County. The case is thus stated by Mr. Justice Cassoday: “At a meeting of the board of supervisors of the county, held in November, 1880, the plaintiff presented an itemized account for services rendered by him as constable in sundry criminal cases. Among the charges made were a large num-: ber of $1.50 each, for attending upon justices’ or police courts with prisoners. Some of these items were disallowed by the board altogether, several were reduced from $1.50 to $1 each, and several others were reduced from $1.50 to fifty cents each. There were also…
1Opinion of the CourtCassoday, J.
The amount involved is small, but the question presented is important, not only to constables and counties, but to the administration of criminal law throughout the state. Beyond question every person accepting an office takes it cum onere. Crocker v. Supervisors, 85 Wis., 284; McDonald v. Supervisors, 41 Wis., 642; Hartwell v. Supervisors, 43 Wis., 311. He has a right to the compensation provided, but is entitled to none other. lie may be dissatisfied with the amount provided, but his only remedy is to resign the office.
Where a constable receives from a justice of the peace a criminal…
2Cases cited3 opinions
- Fischer v. LaackWisconsin Supreme Court · 1893
- Hartwell v. Supervisors of Waukesha CountyWisconsin Supreme Court · 1877
- McDonald v. Board of Supervisors of Milwaukee CountyWisconsin Supreme Court · 1877
3Cited by2 opinions
- American Wrecking Co. v. McManusWisconsin Supreme Court · 1921
- Leary v. LearyWisconsin Supreme Court · 1887