Heffernan v. City Janesville

Action by plaintiff-appellant commenced September 1, 1944, against defendant-respondent to recover his salary during the year of his suspension from the police department of the city of Janesville. At the time of the suspension plaintiff was a police patrolman. Had he worked for the city during the year in question his pay would have amounted to $2,190. During the year of his suspension he did earn, by work elsewhere, $2,750.58. The trial court dismissed the action on the grounds: (1) That plaintiff was a police patrolman during the year of his suspension and, as such, was a city employee, not a city officer; and (2) that plaintiff's earnings elsewhere during the year of his suspension exceeded the amount he would have earned had he remained in the department.