City of Green Bay v. Brauns
| Decision Date | 21 September 1880 |
| Citation | 6 N.W. 503,50 Wis. 204 |
| Parties | THE CITY OF GREEN BAY v. BRAUNS and others |
| Court | Wisconsin Supreme Court |
Argued September 3, 1880
APPEAL from the Circuit Court for Brown County.
Action on the official bond of Brauns as treasurer of the plaintiff city from April, 1876, to April, 1877. The breach of the bond alleged was, that Brauns had taken out of the moneys received by him as such treasurer, $ 1,500 as compensation for his services during said term, being $ 500 in excess of the amount of his salary as duly fixed by the common council, and had refused to pay over said $ 500 to his successor in office. The defense was, that the salary of the office for that year, as duly fixed at the last regular meeting of the council in March, 1876, by resolution which was not rescinded before Brauns entered upon the office, was $ 1,500.
The court found substantially the following facts: At its last regular meeting for March, 1876, the council, by resolution in writing, on which the ayes and noes were taken and recorded, fixed the salary of the city treasurer to be elected the next month, at $ 1,500. The business before said meeting not being finished on said day, the meeting was adjourned to the 23d of that month, by a motion which the record states to have been "carried," without showing how the vote was taken; and on the 23d, the business being unfinished, the meeting was again adjourned to the 23th in the same manner and with a like record. At said adjourned meeting of March 28th, further action was taken, which is thus recorded: "A motion that the salary of the city treasurer be $ 1,000 for the ensuing year, was carried by the following vote:" Here follow the names of seven councilmen who voted in the affirmative, there appearing to be no negative votes, and the council being composed of only nine members. When this vote was taken, the vote by which the resolution of the 17th of March was adopted had not been reconsidered. No further action was taken by the council on that subject before Brauns entered on his term of office. During said term he retained and claimed for his salary $ 1,500. At the close of said term, a special committee of the council was appointed to examine his accounts as treasurer and make a final settlement with him; the accounts and vouchers exhibited to the committee by Brauns showed that he had retained that sum as his salary; the committee reported to the council that they had found his accounts correct; and the report was adopted by the council at a regular meeting held April 20, 1877. "There was nothing in the report of said committee showing how much Brauns had received and retained, and said committee had allowed him, as salary." No part of said $ 1,500 has ever been paid by Brauns to the city, or to any person for it. One Benson was city treasurer for two successive terms immediately following that in which Brauns held the office; and during his second term, on the 3d of May, 1878, the city attorney was instructed by vote of the common council to demand of Brauns the $ 500 with interest, and such demand was made both by the city attorney and by Benson.
On these facts the court held that the salary of Brauns had been legally fixed at $ 1,000, and rendered judgment against the defendants for $ 500, with interest; from which the defendants appealed.
Judgment affirmed.
For the appellants there were briefs by Hudd & Wigman, and oral argument by Mr. Hudd.
For the respondent there was a brief by H. J. Huntington and Hastings & Greene, and oral argument by Mr. Hastings.
We are clear in the opinion that the common council, at its meeting on the 28th of March, 1876, fixed the salary of the treasurer to be elected at the next ensuing election at $ 1,000, and that he can claim no more than that sum. Section 12, ch. 179 Laws of 1876, gave the common council ample authority thus to fix the salary. But some objections are taken by the learned counsel for the defendants to the...
To continue reading
Request your trial