Weik v. City of Wausau
Wisconsin Supreme Court
Appeal from orders of the circuit court for Marathon county: A. H. Eeii>, Circuit Judge. This is a taxpayer’s action in equity to perpetually enjoin the citj officers of the city of Wausau from diverting the city hall fund of the city to other, uses. A general demurrer to the complaint was sustained and a temporary injunctional order was denied, and the plaintiff appeals from both orders.
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Appeal from orders of the circuit court for Marathon county: A. H. Eeii>, Circuit Judge. This is a taxpayer’s action in equity to perpetually enjoin the citj officers of the city of Wausau from diverting the city hall fund of the city to other, uses. A general demurrer to the complaint was sustained and a temporary injunctional order was denied, and the plaintiff appeals from both orders. The complaint charges in substance that prior to May, 1906, the city of Wausau raised by taxation $40,000 for the purpose of building a city hall, and that a site for the' city hall was donated to the city…
1Opinion of the CourtWinslow, C. J.
The question presented is, Can the city council of a city of the third class, operating under the general city charter law, lawfully transfer moneys from a city fund which have been levied and raised for one specific pur^ pose, to the general fund or to some other city fund, with intent to repay the same when the next tax levy is collected ?
The argument in favor of the proposition is that the council by sec. 925 — 52, Stats. (1898), is given “the management and control of the finances” of the city, and that although sec. 925 — 122 forbids the treasurer from paying ofit any funds in his hands…
2Cases cited2 opinions
- Rice v. City of MilwaukeeWisconsin Supreme Court · 1898
- Oconto City Water Supply Co. v. City of OcontoWisconsin Supreme Court · 1899
3Cited by5 opinions
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