State ex rel. Gordon v. McNay
Wisconsin Supreme Court
Appeal from an order of the circuit court for Pepin county ;■ E. R. BuNoy, Circuit Judge. Mcmdamus. The defendants MoNay, Ingram, and Rand were the supervisors of the town of Waubeek, Pepin county, in February, 1893; and their codefendants, Hoffman and' two others, were at the same time supervisors of the adjoining town of Waterville in said county. On. February 21, 1893, a petition, under the provisions of sec. 1365, S. & B. Ann.
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Appeal from an order of the circuit court for Pepin county ;■ E. R. BuNoy, Circuit Judge. Mcmdamus. The defendants MoNay, Ingram, and Rand were the supervisors of the town of Waubeek, Pepin county, in February, 1893; and their codefendants, Hoffman and' two others, were at the same time supervisors of the adjoining town of Waterville in said county. On. February 21, 1893, a petition, under the provisions of sec. 1365, S. & B. Ann. Stats., was presented in duplicate to the supervisors of both towns, praying for the laying out of a ditch, partly .in each of said towns, for the drainage of…
1Opinion of the CourtWiNslow, J.
The circuit judge states in his opinion that the modification of the judgment was made “so as to make it clear that the judgment is against them [the supervisors] in their official capacity only; thus making the town liable, and not the defendants personally.” It is plain that if the supervisors in acting upon a petition for laying out a ditch under sec. 1365, S. & B. Ann. Stats., act for and on behalf •of the town, then the town is liable for their acts done in good faith. If, on the other hand, the supervisors act simply as governmental officers charged with the execution of a police power,…
2Cases cited2 opinions
- Donnelly v. DeckerWisconsin Supreme Court · 1883
- Williams v. Town of YorkvilleWisconsin Supreme Court · 1883
3Cited by3 opinions
- State ex rel. Kulike v. Town Clerk of the LebanonWisconsin Supreme Court · 1907
- Rude v. Town of St. MarieWisconsin Supreme Court · 1904
- McGowan v. PaulWisconsin Supreme Court · 1914