62 Minn. 145 | Minn. | 1895
After the determination of a former appeal in these cases, judgments against the defendant being reversed (58-Minn. 475, 59 N. W. 1102), plaintiffs moved for new trials upon the ground of newly-discovered evidence, such evidence consisting of a resolution of the common council of the defendant city, duly approved by the mayor and duly published, fixing the salaries of police officers in the city for the year commencing May 1, 1892.
At the former trial in district court plaintiffs rested their cases, upon proving what compensation per month had been received by them up to the time of their discharge by the mayor, September 6,. 1892, and made no effort to show that their salaries had ever been fixed by resolution, as required by the city charter (Sp. Laws 1891,-c. 9, § 1). Thereupon counsel for defendant introduced in evidence a resolution fixing the salaries for the year ending May 1, 1892, and it was stipulated by counsel for both parties that no subsequent action had been taken, or resolution fixing salaries adopted, by the common council. That proof of the passage of the resolution whereby the salaries of the policemen in the city of St. Paul were
Orders affirmed.
Buck, J., took no- part.