Ruell v. City of Alpena

Michigan Supreme Court

Ruell v. City of Alpena

66 N.W. 49, 108 Mich. 290, 1896 Mich. LEXIS 966

CourtMichigan Supreme Court

DecidedFebruary 7, 1896

StatusPublished

Cited by5 cases

This text of 66 N.W. 49 (Ruell v. City of Alpena) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ruell v. City of Alpena, 66 N.W. 49, 108 Mich. 290, 1896 Mich. LEXIS 966 (Mich. 1896).

Pincite

Opinion

Grant, J.

(after stating the facts). Under both the old and amended charters, the exclusive power to fix salaries was in the common council. The provisions of the ordinance, enacted under the old charter, fixing the salaries of the police officers, were not repealed by that provision of the amended charter authorizing the formation of a board of commissioners and giving it control of the police department. The council had taken no other action fixing the plaintiff’s salary, and it was therefore governed by the ordinance. Miller v. Board of Auditors, 41 Mich. 4. See, also, People v. Board of Police, 75 N. Y. 38; Kehn v. State, 93 N. Y. 294; Ryce v. City of Osage, 88 Iowa, 558.

Reversed, and new trial ordered.

The other Justices concurred.

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Grant, J.

(after stating the facts). Under both the old and amended charters, the exclusive power to fix salaries was in the common council. The provisions of the ordinance, enacted under the old charter, fixing the salaries of the police officers, were not repealed by that provision of the amended charter authorizing the formation of a board of commissioners and giving it control of the police department. The council had taken no other action fixing the plaintiff’s salary, and it was therefore governed by the ordinance. Miller v. Board of Auditors, 41 Mich. 4. See, also, People v. Board of Police, 75 N. Y. 38; Kehn v. State, 93 N. Y. 294; Ryce v. City of Osage, 88 Iowa, 558.

Reversed, and new trial ordered.

The other Justices concurred.

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Bluebook (online)

66 N.W. 49, 108 Mich. 290, 1896 Mich. LEXIS 966, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruell-v-city-of-alpena-mich-1896.

Opinion

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