Legal Opinion

Madden v. Kinney

Wisconsin Supreme Court

Decided February 3, 1903PublishedCited by 10 opinions

Appeals from orders of tbe circuit court for Eond du Lac ■county: Michael KiewaN, Circuit Judge. In tbis case tbe plaintiff appeals from eacb of two orders sustaining two separate’ demurrers to tbe complaint entered January 6, 1902, and the defendants named appeal from an order refusing to dissolve tbe preliminary injunction and ■continuing tbe same in force, made October 19, 1901. It appears from tbe complaint, and is undisputed, that July 30, 1901, Ginn & Co. submitted a…

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Appeals from orders of tbe circuit court for Eond du Lac ■county: Michael KiewaN, Circuit Judge. In tbis case tbe plaintiff appeals from eacb of two orders sustaining two separate’ demurrers to tbe complaint entered January 6, 1902, and the defendants named appeal from an order refusing to dissolve tbe preliminary injunction and ■continuing tbe same in force, made October 19, 1901. It appears from tbe complaint, and is undisputed, that July 30, 1901, Ginn & Co. submitted a proposition in writing to the board of education of tbe city of Fond du Lac to tbe effect that, in consideration of tbe…

1Opinion of the Court

Oassoday, O. J.

The important question in the case is as to whether the board of education had the power to make a contract for furnishing text-books in the public schools,, binding upon the'plaintiff and other citizens and taxpayers and patrons of the school for the term of five years, without the approval of the common council of the city. This is the principal question involved in both appeals, and its determination necessarily depends upon the construction to be' given to certain portions of the statutes. The defendants claim that the board had such power, and rely upon the provisions of…

2Cases cited11 opinions

  1. State ex rel. Rose v. Superior Court of Milwaukee CountyWisconsin Supreme Court · 1900
  2. State ex rel. City of New Richmond v. DavidsonWisconsin Supreme Court · 1902
  3. Metzger v. HochreinWisconsin Supreme Court · 1900
  4. Schoenleber v. BurkhardtWisconsin Supreme Court · 1896
  5. Watson v. City of AppletonWisconsin Supreme Court · 1885

6 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Johnson v. Ætna Life InsuranceWisconsin Supreme Court · 1914
  2. American Fire Alarm Co. v. Board of Police CommissionersSupreme Court of Missouri · 1920
  3. Hart v. GodkinWisconsin Supreme Court · 1904
  4. Wasserman v. City of KenoshaWisconsin Supreme Court · 1935
  5. Canterbury v. Northwestern Mutual Life InsuranceWisconsin Supreme Court · 1905

5 more not listed; retrieve them via the Exa API.

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