Egaard v. Dahlke
Wisconsin Supreme Court
Appeal from a judgment of the circuit court'for St. Croix county: E. W. HelMS, Circuit Judge. This action was brought by the plaintiffs, as taxpayers, on behalf of themselves and others, against School District No. 5 of the Town of St. Joseph, in St. Croix county, the individual members of the town board as such, and against Peter Kircher, Michael Dahlke, and Mary Dahlhe.
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Appeal from a judgment of the circuit court'for St. Croix county: E. W. HelMS, Circuit Judge. This action was brought by the plaintiffs, as taxpayers, on behalf of themselves and others, against School District No. 5 of the Town of St. Joseph, in St. Croix county, the individual members of the town board as such, and against Peter Kircher, Michael Dahlke, and Mary Dahlhe. The complaint alleged that on January 3d the district meeting designated a site for a school-house at the center of section 6, and authorized the purchase of the land and building a school-house there; that, in defiance of…
1Opinion of the CourtDodge, J.
Two grounds of error are assigned on this appeal: (1) that the judgment is irregular and erroneous, in that it does not dispose of the whole action; (2) that the demurrer was erroneously sustained.
1. The judgment appealed from cannot be sustained upon any theory. It adjudicates only with reference to the two defendants Michael and Mary Dahlke in their individual capacity, and leaves unadjudicated the controversy between the plaintiffs and all of the other defendants except the school district, against which separate judgment had already been rendered. It matters not whether the previous…
2Cases cited4 opinions
- Willard v. ComstockWisconsin Supreme Court · 1883
- Hyde v. German National Bank of OshkoshWisconsin Supreme Court · 1897
- Trustees of St. Clara Female Academy v. Delaware InsuranceWisconsin Supreme Court · 1896
- Allen v. BobergWisconsin Supreme Court · 1900
3Cited by13 opinions
- Chippewa Bridge Co. v. City of DurandWisconsin Supreme Court · 1904
- Northern Trust Co. v. SnyderWisconsin Supreme Court · 1902
- Balch v. BeachWisconsin Supreme Court · 1903
- Kagy v. Independent DistrictSupreme Court of Iowa · 1902
- Kircher v. PedersonWisconsin Supreme Court · 1903
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