Legal Opinion

Hibbard v. County of Suffolk

Massachusetts Supreme Judicial Court

Decided January 8, 1895PublishedCited by 12 opinions

Contract, to recover $113.54, for salary as steward of the jail of Suffolk County. The case was submitted to the Superior Court, and, after judgment for the plaintiff for the amount claimed, to this court, on appeal, upon agreed facts, in substance as follows.

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Contract, to recover $113.54, for salary as steward of the jail of Suffolk County. The case was submitted to the Superior Court, and, after judgment for the plaintiff for the amount claimed, to this court, on appeal, upon agreed facts, in substance as follows. The plaintiff is the steward of the jail of Suffolk County, holding that office and performing its duties before and ever since July, 1894, his salary prior to July 30, 1894, being $1,250 a year, the sum fixed by the revised regulations of the board of aldermen of Boston. On July 2, 1894, upon the petition of the sheriff of Suffolk…

1Opinion of the CourtField, C. J.

The only question argued in this case is whether, since the passage of St. 1885, c. 266, the board of aldermen of the city of Boston has the power to fix the salaries of the officers and assistants appointed by the sheriff and employed in the jail of Suffolk County.

It is conceded that up to the time St. 1885, c. 266, took effect, the board of aldermen had this power, and the contention of the defendant is that it was taken from the board by this statute. *36See Pub. Sts. c. 22, §§ 1, 3, 6, 7, 20, 30, 31; c. 23, § 15; c. 220, §§ 26, 27, 72-75; St. 1854, c. 448, § 33; St. 1882, c. 164. The…

2Cases cited5 opinions

  1. Clark v. . StateNew York Court of Appeals · 1894
  2. Attorney General v. City of BostonMassachusetts Supreme Judicial Court · 1886
  3. Ryan v. Outagamie CountyWisconsin Supreme Court · 1891
  4. Wheelock v. Auditor of Suffolk CountyMassachusetts Supreme Judicial Court · 1881
  5. Rockwell v. County of FillmoreSupreme Court of Minnesota · 1891

3Cited by12 opinions

  1. City of Boston v. DolanMassachusetts Supreme Judicial Court · 1937
  2. Goodale v. County Commissioners of WorcesterMassachusetts Supreme Judicial Court · 1931
  3. Quinlan v. City of CambridgeMassachusetts Supreme Judicial Court · 1946
  4. State ex rel. Gilbert v. Board of Com'rsNew Mexico Supreme Court · 1924
  5. Alger v. Justice of the District CourtMassachusetts Supreme Judicial Court · 1933

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