Legal Opinion

Stone v. Town of Langlade

Wisconsin Supreme Court

Decided June 5, 1923PublishedCited by 2 opinions

1Opinion of the CourtCrowni-iart, J.

We regret that we are unable to decide this case on the merits, but as we view the law the court had no jurisdiction to proceed to final judgment on the merits because of failure of the plaintiff to file with the town clerk a “statement or bill” of his claim against the town as provided in secs. 60.33 and 60.36, Stats. Sec. 60.36 provides:

“No action upon any claim or cause of action for which a money judgment only is' demandable, except upon town orders, bonds, coupons or written promises to pay any sum of money, shall be maintained against any town unless a statement or bill of such claim…

2Cases cited4 opinions

  1. Spearbracker v. Town of LarrabeeWisconsin Supreme Court · 1885
  2. Hogan v. City of BeloitWisconsin Supreme Court · 1921
  3. Eron v. Town of Stevens PointWisconsin Supreme Court · 1893
  4. Meyer v. Outagamie CountyWisconsin Supreme Court · 1907

3Cited by2 opinions

  1. Maynard v. De VriesWisconsin Supreme Court · 1937
  2. United States National Bank v. Town of SwissWisconsin Supreme Court · 1928

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