Tyre v. Krug
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: Oscae M. Fritz, Circuit Judge. The plaintiff brings this suit as a taxpayer against the defendants, who are' the principals of five public high schools in the city of Milwaukee.
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Appeal from an order of the circuit court for Milwaukee county: Oscae M. Fritz, Circuit Judge. The plaintiff brings this suit as a taxpayer against the defendants, who are' the principals of five public high schools in the city of Milwaukee. It is alleged that the defendants have been conducting regular 'stores in the school buildings under their charge and control, wherein they have sold drawing instruments, school hooks, stationery, and blanks for a profit above the cost of such articles; that they pay no compensation for the use of the buildings for this purpose; that the school board…
1Opinion of the CourtSiebecKek, J.
It is contended that the plaintiff has attempted to join an individual cause of action in his favor for damages with an action, which he prosecutes as taxpayer in favor of himself and all others similarly situated, for an injunction to restrain defendants from using the school houses to' conduct the alleged private businesses. The allegations of the complaint are that the plaintiff has been damaged in his private business, for which he seeks to be compensated. Can such a cause of action be joined with the equitable relief sought by the plaintiff as representative of a class, namely, the…
2Cases cited7 opinions
- State ex rel. Weiss v. District Board of School District No. EightWisconsin Supreme Court · 1890
- Luther v. C. J. Luther Co.Wisconsin Supreme Court · 1903
- Bell v. City of PlattevilleWisconsin Supreme Court · 1888
- State v. City of Eau ClaireWisconsin Supreme Court · 1876
- Hawarden v. Youghiogheny & Lehigh Coal Co.Wisconsin Supreme Court · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Niklaus v. Abel Construction CompanyNebraska Supreme Court · 1957
- Schlosser v. Allis-Chalmers Corp.Wisconsin Supreme Court · 1974
- Beard v. Board of Education of North Summit School Dist.Utah Supreme Court · 1932
- Milwaukee Horse & Cow Commission Co. v. HillWisconsin Supreme Court · 1932
- Midland Terra Cotta Co. v. Illinois-Surety Co.Wisconsin Supreme Court · 1916
6 more not listed; retrieve them via the Exa API.