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THUERMER v. VILLAGE OF MISHICOT

No. 77-739.

86 Wis.2d 374 (1978)

272 N.W.2d 409

THUERMER, Plaintiff-Appellant, v. VILLAGE OF MISHICOT, and another, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided November 13, 1978.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of S. R. Winter of Manitowoc.

For the respondent the cause was submitted on the brief of Michael A. Loduha, and Savage, Webster, Loduha & Stangel of Manitowoc.

Before Moser, P.J., Brown and Bode, JJ.

BROWN, J.

In 1973, a taxpayer suit was brought against Richard J. Thuermer alleging wrongful and illegal retention of a salary, received by him as municipal justice, for alleged failure to comply with sec. 254.03 (1), Stats.1 The complaint alleged that Thuermer had failed to properly execute and file his official oath and bond and was therefore improperly paid his salary pursuant to sec. 254...

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