Trester v. City of Sheboygan
Wisconsin Supreme Court
APPEALS from the Circuit Court for Winnebago County. This is an action in equity, brought by Trester, a taxpayer and resident of the First ward of the city of Sheboy-gan, to enjoin the city and its officers from paying to one Zimball the amount of certain promissory notes executed by the city officers to said Zimball.
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APPEALS from the Circuit Court for Winnebago County. This is an action in equity, brought by Trester, a taxpayer and resident of the First ward of the city of Sheboy-gan, to enjoin the city and its officers from paying to one Zimball the amount of certain promissory notes executed by the city officers to said Zimball. It appears by the pleadings that at a meeting of the common council of the city held April 7,189»0, Zimball made the following written. proposition to the city: :i Proposition submitted by August Zimball to the mayor and common council, as proposition submitted to them for…
1Opinion of the CourtWinslow, J.
It is well settled in this state that a taxpayer of a municipal corporation may maintain an action to enjoin the misappropriation of the funds of the corporation. Bay Land & Imp. Co. v. Washburn, 79 Wis. 423. The main question presented, therefore, is whether the payment of the notes given to Zimball would be a misappropriation of the funds of the corporation, and the solution of this question depends primarily upon the answer to another question, namely: Has the city of Sheboygan power to purchase an easement for street purposes?
The powers of a municipal corporation are well understood. They…
2Cases cited5 opinions
- Northwestern Mutual Life Insurance v. Park Hotel Co.Wisconsin Supreme Court · 1875
- Gilman v. City of MilwaukeeWisconsin Supreme Court · 1872
- Dullanty v. Town of VaughnWisconsin Supreme Court · 1890
- Bay Land & Improvement Co. v. Town of WashburnWisconsin Supreme Court · 1891
- Clark v. City of JanesvilleWisconsin Supreme Court · 1861
3Cited by20 opinions
- Frederick v. Douglas CountyWisconsin Supreme Court · 1897
- Kollock v. ScribnerWisconsin Supreme Court · 1897
- Shulse v. City of MayvilleWisconsin Supreme Court · 1937
- City of Ft. Scott v. W. G. Eads Brokerage Co.Court of Appeals for the Eighth Circuit · 1902
- Spaulding v. Wood CountyWisconsin Supreme Court · 1935
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