Parsons v. Waukesha Cnty.

• Decision Date: 25 October 1892
• Citation: 53 N.W. 507,83 Wis. 288
• Parties: PARSONS, SHERIFF, v. WAUKESHA COUNTY.
• Court: Wisconsin Supreme Court

83 Wis. 288

53 N.W. 507

PARSONS, SHERIFF,

v.WAUKESHA COUNTY.

Supreme Court of Wisconsin.

Oct. 25, 1892.

Appeal from circuit court, Waukesha county; A. SCOTT SLOAN, Judge.

W. S. Parsons, sheriff of Waukesha county, having presented his bill for certain services to the county board of said county and had it disallowed, appealed to the circuit court, where it was also disallowed. Parsons now appeals to this court. Disallo wance affirmed.

The other facts fully appear in the following statement by PINNEY, J.:

The appellant, Parsons, was sheriff of Waukesha county for the years 1889 and 1890. Prior to his election and qualification, pursuant to chapter 53 of the Laws of 1881, the compensation of the sheriff for services, etc., for which the county was liable to pay was changed from a fee-bill system to a salary system, and he was to receive $2,500 per annum, in lieu of all fees and compensation which might have been charged under the former method. At the end of his term of office he made out against the county, and presented to the board of supervisors, an account against the county for services rendered and money expended by him as such sheriff during his term of office, claiming that said matters were not covered by or included in the provision for his salary. This bill amounted to $1,632.75, and was wholly disallowed. He appealed to the circuit court, where the matter was tried, and it was found by the court that the appellant had received $2,500 annually under said resolution, and also $20 per month by resolution of the county board for services of a jailer; that the disputed charges were made by the plaintiff for livery hire to subpœna witnesses for the state in criminal cases in Waukesha county, and for assistance and conveyance in making arrests in criminal cases within said county, and for car fare and livery hire in summoning the jury for the regular terms of the circuit court, and also a charge of 50 cents each for admitting all prisoners to the county jail, and a charge of 25 cents each for all prisoners discharged therefrom. The court found that the items of the plaintiff's bill charged and rendered against the county were properly and justly disallowed, and were all fully compensated by the stipulated salary of $2,500 per annum, and rendered judgment in favor of the county and against the appellant for costs, from which he appealed.C. E. Armin, for appellant.

D. S. Tullar, for respondent.

PINNEY, J., ( after stating the facts.)

When the plaintiff took the office of sheriff, the resolution of the county board of the county, passed under chapter 53, Laws 1881, was in force, and restricted his compensation “for all services to be performed in the county,” for which the county would otherwise be liable to pay, to a salary of $2,500 annually, and such salary was to be “in lieu of all fees...