Williams v. Town of Yorkville
Wisconsin Supreme Court
APPEAL from the Circuit Court for Racrne County. Action to enjoin the defendants from entering upon the land of the plaintiff and from constructing a ditch thereon.
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APPEAL from the Circuit Court for Racrne County. Action to enjoin the defendants from entering upon the land of the plaintiff and from constructing a ditch thereon. The complaint alleges that the defendant, the Town of Yorkville, is a municipal corporation within the county of Racine, and “ that the defendants A. B. Hayes, O. L. Crabb, and Henry C. Williams are . . . the duly elected and qualified supervisors of said Town of Yorkville, in Racine county, and claim to act as such.” Other allegations of the complaint will sufficiently appear from the opinion. The defendant, the Town of…
1Opinion of the CourtCole, C. J.
In the case of Donnelly v. Decker, 58 Wis., 461, the question of the constitutionality of several provisions of ch. 54, R. S.—known as the drainage law — was considered, and their validity was sustained. The case, however, did not call for a decision of the question whether the supervisors, in exercising the authority conferred upon them by this statute, acted as town officers, strictly speaking, so as to render the town responsible for their acts, performed in good faith with an honest view to secure for the public some benefit or advantage. In support of the demurrer to the complaint, which…
Also in this document: Concurrence.
2Cases cited4 opinions
- Hayes v. City of OshkoshWisconsin Supreme Court · 1873
- Donnelly v. DeckerWisconsin Supreme Court · 1883
- Schultz v. City of MilwaukeeWisconsin Supreme Court · 1880
- Little v. City of MadisonWisconsin Supreme Court · 1880
3Cited by5 opinions
- State ex rel. Attorney General v. Madison Street Railway Co.Wisconsin Supreme Court · 1888
- Porter v. Silver Creek & Morris Coal Co.Wisconsin Supreme Court · 1893
- State ex rel. Kulike v. Town Clerk of the LebanonWisconsin Supreme Court · 1907
- Rude v. Town of St. MarieWisconsin Supreme Court · 1904
- State ex rel. Gordon v. McNayWisconsin Supreme Court · 1895