Town of Grand Chute v. Herrick
Wisconsin Supreme Court
Appeals from a judgment of tbe circuit court for Outa-gamie county: Chesteb A. Fowlek, Judge. Tbis action was brought by plaintiff, town of Grand Chulé, a duly organized and existing town in Outagamie county, against tbe defendants I. J. Herrick, G. L. Finkle, and Joe 'Kohl, wbo constituted tbe town board of said town of Grand Chute, and A. F. Petersen, town clerk, and Henoch Caliebe, town treasurer of said town, to recover $1,630 with interest from tbe 2d day of February,…
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Appeals from a judgment of tbe circuit court for Outa-gamie county: Chesteb A. Fowlek, Judge. Tbis action was brought by plaintiff, town of Grand Chulé, a duly organized and existing town in Outagamie county, against tbe defendants I. J. Herrick, G. L. Finkle, and Joe 'Kohl, wbo constituted tbe town board of said town of Grand Chute, and A. F. Petersen, town clerk, and Henoch Caliebe, town treasurer of said town, to recover $1,630 with interest from tbe 2d day of February, 1914, tbis amount being $815 expended by tbe town board of tbe plaintiff town under eb. 337, Laws 1911, upon one of tbe…
1Opinion of the CourtEjeewiN, J.
There is little dispute upon the facts. The court below held that the appropriation of the $815, money of the town, was unlawful and constituted an unlawful diversion of public funds by the town board; that the plaintiff was not estopped to recover because of delay in bringing suit or by not commencing action to-enjoin improvement of the road or the use of the funds of the town therefor.
The improvement of the highway in question was commenced during the summer of 1918, and in September, 1913, when the work was abandoned, the sum of $3,595.30 had been expended upon this highway, which money…
2Cases cited10 opinions
- Chippewa Bridge Co. v. City of DurandWisconsin Supreme Court · 1904
- Frederick v. Douglas CountyWisconsin Supreme Court · 1897
- Land, Log & Lumber Co. v. McIntyreWisconsin Supreme Court · 1898
- Thomson v. Town of EltonWisconsin Supreme Court · 1901
- State ex rel. Carey v. BallardWisconsin Supreme Court · 1914
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- First Wisconsin National Bank v. Town of CatawbaWisconsin Supreme Court · 1924
- Ellefson v. SmithWisconsin Supreme Court · 1924
- Henderson v. McCormickArizona Supreme Court · 1950