McCumber v. Waukesha Cnty.
| Decision Date | 26 November 1895 |
| Parties | MCCUMBER v. WAUKESHA COUNTY. |
| Court | Wisconsin Supreme Court |
Cross appeals from circuit court, Waukesha county; Warham Parks, Judge.
Appeals by A. B. McCumber and by Waukesha county from a judgment of the circuit court affirming the report of a referee on appeal by McCumber from the disallowance by the county board of certain items of his bill. Affirmed on plaintiff's appeal. Reversed on appeal of the county.
The appellant was marshal of the village of Waukesha. As such officer he rendered certain services in criminal matters, which were proper charges against Waukesha county. His bill was laid before the county board. Certain items were disallowed. He appealed to the circuit court. There the trial was before a referee. The referee's report was confirmed. Both parties appeal.
Four items of plaintiff's account are in controversy: (1) An item of $115.45, for the conveyance of prisoners; (2) an item of $4.68 for making returns on 39 subpœnas and venires, at 12 cents each; (3) an item of $23.52, for making returns upon 196 warrants, at 12 cents each; and (4) an item of $245.50, for money paid out for assistance in making arrests on criminal warrants. The referee found that the plaintiff had actually and necessarily paid out $39 for the conveyance of prisoners,--this sum was allowed him; and that for the rest he had used his own conveyance,--this was disallowed, $76.45. The second and third items were wholly disallowed. From these disallowances the plaintiff appeals. The referee found that the plaintiff had actually paid out the amount of the fourth item for assistance in making arrests on criminal warrants, and that the plaintiff deemed such assistance necessary. The whole item was allowed. From this allowance the defendant appeals.Ryan & Merton, for plaintiff.
T. W. Parkinson, for defendant.
NEWMAN, J. (after stating the facts).
1. As to the first item, of $115.45, the referee found that the plaintiff had actually disbursed the sum of $39 for the conveyance of prisoners, and that the residue of the charge was for the transportation of prisoners by his own conveyance, and for which he made no actual disbursement; but that the charges were reasonable in amount. It is evident that these latter were not “necessary disbursements actually made,” within the intention of section 843, Rev. St., and so were not recoverable. Crocker v. Brown Co., 35 Wis. 284;McDonald v. Milwaukee Co., 41 Wis. 642;Hartwell v. Waukesha Co., 43 Wis. 311;...
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Mitchell v. City of Thomasville
... ... entitled to payment for his services." Elliot on ... Municipal Corp. § 188; McCumber v. Waukesha County, ... 91 Wis. 442, 65 N.W. 51; Locke v. City of Central, 4 ... Colo. 65, 34 ... ...
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Mitchell v. City Of Thomasville
...the absence of any such provision, he is not entitled to payment for his services." Elliot on Municipal Corp. § 188; McCumber v. Waukesha County, 91 Wis. 442, 65 N. W. 51; Locke v. City of Central, 4 Colo. 65, 34 Am. Rep. 66; Kinney v. United States (C. C.) 60 P. 883. "His services are not ......
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Moore v. State, 253.
...of Voeck to perform police service for the village. State ex rel. Brown v. Appleby, 139 Wis. 195, 120 N. W. 861; McCumber v. Waukesha Co., 91 Wis. 442, 65 N. W. 51; 3 Cyc. 877; 2 R. C. L. 491, § 52. The result is that Voeck acquired the status of a police officer of the village and was enga......
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Moore v. State
... ... village. State ex rel. Brown v. Appleby, 139 Wis ... 195, 120 N.W. 861; McCumber v. Waukesha Co., 91 Wis ... 442, 65 N.W. 51; 3 Cyc. 877; 2 R. C. L. 491, § 52. The result ... ...