Wilcox v. Porth
Wisconsin Supreme Court
Appeal from an order of the circuit court' for Brown, county; S. D. Hastings, Circuit Judge. This is an action by plaintiffs as residents and taxpayers of the city of Green Bay for and in their own behalf and all other taxpayers of the city to recover from the defendants the sum of $734 for the benefit of the city.
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Appeal from an order of the circuit court' for Brown, county; S. D. Hastings, Circuit Judge. This is an action by plaintiffs as residents and taxpayers of the city of Green Bay for and in their own behalf and all other taxpayers of the city to recover from the defendants the sum of $734 for the benefit of the city. The- complaint alleges that this sum of $734 was unlawfully paid out-of the funds of the city, by the direction of the defendants, as city officers, to the defendant Hill. It is alleged that on March 9, 1910, the city through its. common council entered into a contract with the…
1Opinion of the CourtSiebeckee, J.
The appellants assert that the demurrer to the answer relates back to the complaint, challenges its sufficiency, and that it appears upon facts pleaded and not controverted that no cause of action exists against the defendant. There is no dispute as to the above stated facts, and from them it appears that the plaintiffs demand recovery of the sum of $734 from the defendant for the benefit of the city of Green Bay. It is alleged that the defendant caused this sum to be paid to Hill, the contractor, as damages for an alleged delay in paying what was due him on the contract for the pavement of…
2Cases cited9 opinions
- Chippewa Bridge Co. v. City of DurandWisconsin Supreme Court · 1904
- Northern Trust Co. v. SnyderWisconsin Supreme Court · 1902
- Land, Log & Lumber Co. v. McIntyreWisconsin Supreme Court · 1898
- Webster v. Douglas CountyWisconsin Supreme Court · 1899
- Shores Lumber Co. v. ClaneyWisconsin Supreme Court · 1899
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3Cited by16 opinions
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- Ellefson v. SmithWisconsin Supreme Court · 1924
- Schaut v. Joint School District No. 6 of Lena & Little RiverWisconsin Supreme Court · 1926
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