Legal Opinion

Town of Rolling v. Wunderlich

Wisconsin Supreme Court

Decided March 30, 1909PublishedCited by 3 opinions

Appeal from a judgment of tbe circuit court for Langlade ■county: JohN GoodlaNd, Circuit Judge. They cited ■Chippewa-B. Co. v. Durand, 122 Wis. 85, 99 N. W. 603; ■sec. 176, subd. 10, and secs. 788, 789, Stats. (1.898) ; Hubbard v. Williamstown, 61 Wis. 397, 21 N. W. 295; Fox Lake v. Fox Lake, 62 Wis. 486, 22 N. W. 584. cited, among other cases, State ex rel.

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Appeal from a judgment of tbe circuit court for Langlade ■county: JohN GoodlaNd, Circuit Judge. They cited ■Chippewa-B. Co. v. Durand, 122 Wis. 85, 99 N. W. 603; ■sec. 176, subd. 10, and secs. 788, 789, Stats. (1.898) ; Hubbard v. Williamstown, 61 Wis. 397, 21 N. W. 295; Fox Lake v. Fox Lake, 62 Wis. 486, 22 N. W. 584. cited, among other cases, State ex rel. Manitowoc v. County Clerk, 59 Wis. 15, 16 N. W. 617; Wickham, v. C. & N. W. R. Co. 95 Wis. 23, 69 N. W. 982; State ex rel. Mitchell v. Decatur, 58 Wis. 291, 17 N. W. 20; Slate ex rel. Wunderlich v. Kalhofen, 134 Wis. 74, 113 N. W. 1091.

1Opinion of the CourtTimlin, J.

The appellant town brought an action against the respondent to recover the sum of $656, money of said town alleged to have been received by respondent without any consideration therefor. Counsel for the appellant designates it as an action for money had and received. At the close of the evidence the circuit court directed a verdict for defendant.

The facts in evidence are that an association called the Modern Woodmen of America, Sunrise Camp No. 3062, owned a hall situated on lots 2 and 3 of block 16, village of Elmhurst, in the plaintiff town. Respondent was an officer of that association and…

2Cases cited10 opinions

  1. Chippewa Bridge Co. v. City of DurandWisconsin Supreme Court · 1904
  2. Common Council of Richmond v. State ex rel. MendenhallIndiana Supreme Court · 1854
  3. Wade & Hughes v. OdleCourt of Appeals of Texas · 1899
  4. Wilson v. HunterWisconsin Supreme Court · 1861
  5. Workman v. Insurance Co.Supreme Court of Louisiana · 1831

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3Cited by3 opinions

  1. Crawford v. El Paso Land Improvement Co.Court of Appeals of Texas · 1918
  2. Crawford v. El Paso Land Improvement Co.Court of Appeals of Texas · 1918
  3. Michigan Fire & Marine Insurance v. RoseSupreme Court of Arkansas · 1938

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