Pape v. Town of Carlton
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Kewau-nee county: Michael KiewaN, Circuit Judge. Action to recover on a contract for tbe purchase of a road machine, such contract having been made, as alleged, pursuant to a petition of taxpayers of road districts Eos. 6 and 10, of the town of Garitón, Kewaunee county, Wisconsin.
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Appeal from a judgment of tbe circuit court for Kewau-nee county: Michael KiewaN, Circuit Judge. Action to recover on a contract for tbe purchase of a road machine, such contract having been made, as alleged, pursuant to a petition of taxpayers of road districts Eos. 6 and 10, of the town of Garitón, Kewaunee county, Wisconsin. The contract provided for payment for the machine in five' instalments of $45 each, three of which were due at the time of the commencement of the action. The town defended upon the ground that the contract was void for want of the statutory requisites to the authority…
1Opinion of the CourtMarshall, J.
From the statement it will be seen that the case turned in the court below on whether under sec. 2, ch. 83, Laws of 1899, authorizing the purchase by towns of road machines, the petition spoken of is to be signed by a majority *127■of the taxpayers of the road district, or districts, representing a majority of the taxable property therein according to the last previous assessment roll of the town prior to the date of the paper, the decision being in the affirmative. The language of such section, so far as necessary to be considered, is as follows:
“The chairman of the town hoard thereof may, upon…
2Cases cited17 opinions
- Harrington v. SmithWisconsin Supreme Court · 1871
- Clark v. City of JanesvilleWisconsin Supreme Court · 1860
- State ex rel. Heiden v. RyanWisconsin Supreme Court · 1898
- State ex rel. Schintgen v. Mayor of La CrosseWisconsin Supreme Court · 1898
- Rice v. Ashland CountyWisconsin Supreme Court · 1900
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3Cited by5 opinions
- State ex rel. Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Railroad CommissionWisconsin Supreme Court · 1908
- Turner Manufacturing Co. v. GmeinderWisconsin Supreme Court · 1924
- Clappenback v. New York Life InsuranceWisconsin Supreme Court · 1908
- Peninsular Power Co. v. Secretary of StateMichigan Supreme Court · 1912
- Bice v. DaffernMontana Supreme Court · 1930