Legal Opinion

State ex rel. Ordway v. Smith

Wisconsin Supreme Court

Decided May 4, 1860PublishedCited by 4 opinions

APPEAL PROM CIRCUIT COURT, DODUE COUNTV. This action was commenced by David S, Ordway, clerk of the board of education of the city of Beaver Dam, against E. P. Smith, the mayor, and the common council of the city, to compel them to raise, by taxation, $3,840 for educational purposes in that city.

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APPEAL PROM CIRCUIT COURT, DODUE COUNTV. This action was commenced by David S, Ordway, clerk of the board of education of the city of Beaver Dam, against E. P. Smith, the mayor, and the common council of the city, to compel them to raise, by taxation, $3,840 for educational purposes in that city. The amount was asked for by the board by the following resolutions : “Resolved, That the common council be asked to appropriate $1,000 for the purchasing or hiring of suitable grounds and building suitable buildings for the further accommodations of the scholars in this city in the primary…

1Opinion of the Court

By the Court,

Cole, J.

We think the order of the circuit court, awarding a peremptory mandamus against the appellants must be affirmed. The charter of the city of Beaver Dani in effect requires that the city council shall raise by taxation, in addition to the amount of school moneys appropriated or provided by law for common schools in said city, such sums as may be determined and certified1 by the board of education to be necessary and proper for the educational purposes therein designated. See section 9, chap. 2 city charter. The charter vests in the board of education the power of…

2Cited by4 opinions

  1. State ex rel. Burg v. Milwaukee Medical CollegeWisconsin Supreme Court · 1906
  2. State ex rel. School District v. Mayor of OmahaNebraska Supreme Court · 1894
  3. Joint Free High School District v. Town of Green GroveWisconsin Supreme Court · 1890
  4. State ex rel. Jones v. BurkeWisconsin Supreme Court · 1909

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