Kyes v. St. Croix County
Wisconsin Supreme Court
Appeal from an order of the circuit court for St. Croix county: B. E. DüNwiddie, Judge. Appeal from an order sustaining demurrer to a complaint by the plaintiff, a taxpayer, on behalf of himself and other taxpayers, to enjoin the execution, delivery, negotiation, and sale of certain county bonds, and to enjoin certain of the defendants, designated as a committee, from tearing down or removing old county buildings, or contracting for the building of new.
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Appeal from an order of the circuit court for St. Croix county: B. E. DüNwiddie, Judge. Appeal from an order sustaining demurrer to a complaint by the plaintiff, a taxpayer, on behalf of himself and other taxpayers, to enjoin the execution, delivery, negotiation, and sale of certain county bonds, and to enjoin certain of the defendants, designated as a committee, from tearing down or removing old county buildings, or contracting for the building of new. The complaint alleged a resolution by the county board for the issue of $50,000 of bonds to provide for the cost of proposed court-house,…
1Opinion of the Court
The following opinion was filed September 25, 1900:
Dodge, J.
1. The first objection raised to the complaint, is that the plaintiff is not entitled to maintain this suit, though a taxpayer. The general right of such a plaintiff-to-invoke the preventive aid of a court of equity against the illegal issue of county or municipal bonds, or unlawful incurring of municipal debt, because of the threatened burden on him as a taxpayer, is too well established by decisions of this court to justify discussion. Peck v. School Dist. 21 Wis. 516; Lawson v. Schnellen, 33 Wis. 288; Lynch v. E., L. F. & M. R.…
2Cases cited7 opinions
- Rees v. City of WatertownSupreme Court of the United States · 1874
- County of Mitchell v. City National BankTexas Supreme Court · 1898
- Peck v. School District No. 4Wisconsin Supreme Court · 1867
- Fowler v. City of SuperiorWisconsin Supreme Court · 1893
- Oconto City Water Supply Co. v. City of OcontoWisconsin Supreme Court · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bingham v. Board of SupervisorsWisconsin Supreme Court · 1906
- Pettibone v. West Chicago Park CommissionersIllinois Supreme Court · 1905
- Dieck v. Unified School District of AntigoWisconsin Supreme Court · 1991
- Harley v. LindemannWisconsin Supreme Court · 1906
- Oconto Co. v. Town of TownsendWisconsin Supreme Court · 1933
5 more not listed; retrieve them via the Exa API.