Schriber v. Town of Richmond
Wisconsin Supreme Court
APPEAL from the Circuit Court for Shawano County. The action is upon sixty-eight town orders, drawn in due form by the chairman of the board of supervisors and town clerk of the town of Langlade, upon the treasurer of that town, amounting in the aggregate to about $2,000; and bearing different dates between March 30, 1880, and May 14, 1881. On May 25, 1883, all the territory then included in the town of Langlade was, by the proper county board of supervisors, duly annexed to…
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APPEAL from the Circuit Court for Shawano County. The action is upon sixty-eight town orders, drawn in due form by the chairman of the board of supervisors and town clerk of the town of Langlade, upon the treasurer of that town, amounting in the aggregate to about $2,000; and bearing different dates between March 30, 1880, and May 14, 1881. On May 25, 1883, all the territory then included in the town of Langlade was, by the proper county board of supervisors, duly annexed to and made a part of the town of Richmond, the defendant, and remained a part of that town until the spring of 1885,…
1Opinion of the Court
Lyow, J. I.'
The first question to be determined is whether the defense in abatement of the action should have been sustained. That is to say, was it essential to the plaintiff’s right of action that the town orders in suit should have been previously filed with the town clerk of Richmond, the defendant town, to be laid before the town board of audit of that town'( It is claimed on behalf of defendant that such filing thereof is essential to the right of action under sec. 824, R. S-., which reads as follows: “ No action upon any claim or cause of action for which a money judgment only is…
2Cases cited4 opinions
- Palmer v. PalmerMichigan Supreme Court · 1877
- Curran v. WitterWisconsin Supreme Court · 1887
- Baxter v. StateWisconsin Supreme Court · 1863
- Packard v. Town of BovinaWisconsin Supreme Court · 1869
3Cited by7 opinions
- Barry v. MinahanWisconsin Supreme Court · 1906
- Ott v. BoringWisconsin Supreme Court · 1907
- Turner v. Iron Chief Mining Co.Wisconsin Supreme Court · 1889
- Spinning v. County of PierceWashington Supreme Court · 1898
- Kinman v. United StatesDistrict Court, N.D. California · 1956
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