Seifen v. City of Racine
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Racine county: E. B. BeldeN, Circuit Judge. An action to recover tbe salary wbicb plaintiff alleges is due bim as policeman of tbe city of Racine from February 1, 1905, to July 1, 1905, at tbe rate of $65 per month.
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Appeal from a judgment of tbe circuit court for Racine county: E. B. BeldeN, Circuit Judge. An action to recover tbe salary wbicb plaintiff alleges is due bim as policeman of tbe city of Racine from February 1, 1905, to July 1, 1905, at tbe rate of $65 per month. It appears that plaintiff bad been performing tbe services of a policeman for tbe city from March 1, 1900, to tbe 1st day of February, 1905, under an alleged appointment, and that be bad received tbe compensation of a policeman. On January 23, 1905, by letter from tbe secretary of tbe police and 'fire commission, plaintiff’s…
1Opinion of the CourtSiebeceeb, J.
The defendant asked leave to amend its-answer, at the beginning of the trial of the case, by denying that plaintiff had ever been appointed a policeman for the defendant city as alleged in the complaint. The court held its ruling on this motion in abeyance, but permitted proof to-be received as if an issue had been raised as to this question, and at the time of making its decision held the amendment unnecessary, upon the ground that this issue was covered by the judgment in the certiorari proceeding. That proceeding, however, does not show that any question was adjudicated except the one as…
2Cases cited3 opinions
- Lindemann v. RuskWisconsin Supreme Court · 1905
- Gill v. RiceWisconsin Supreme Court · 1861
- Graves v. WalterSupreme Court of Minnesota · 1904
3Cited by4 opinions
- Jenness v. ClarkNorth Dakota Supreme Court · 1910
- City of Paducah v. SingeryCourt of Appeals of Kentucky (pre-1976) · 1934
- Logan v. City of Two RiversWisconsin Supreme Court · 1938
- Rees v. City of MuncieIndiana Court of Appeals · 1932