Jones v. Kolb
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brovm County. Action against the inspectors of an election for town officers in the town of Depere to recover damages for their wrongful and unlawful refusal to permit the plaintiff to vote at such election. A demurrer to the complaint upon the ground, among others, that the facts stated did not constitute a cause of action was sustained, and from the order sustaining the same the plaintiff appealed.
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APPEAL from the Circuit Court for Brovm County. Action against the inspectors of an election for town officers in the town of Depere to recover damages for their wrongful and unlawful refusal to permit the plaintiff to vote at such election. A demurrer to the complaint upon the ground, among others, that the facts stated did not constitute a cause of action was sustained, and from the order sustaining the same the plaintiff appealed. They argued, inter alia, that a village organized under ch. 40, E. S., remains a part of the town in which it is situated, and its citizens are entitled to…
1Opinion of the CourtTaylor, J.
This action is brought to determine the question of the right of an elector of the village of West Depere to vote at a town meeting in the town of Depere for town officers. The complaint shows that said village was originally a part of said town. For the purposes of this appeal we shall take it for granted that by the proceedings set out in the complaint the original village of West Depere, which was organized under a special act of the legislature passed in 1857, was duly incorporated as a village under the provisions of sec. 852, R. S. 1878. Treating the village of *265West Depere as a village…
2Cited by7 opinions
- Spearbracker v. Town of LarrabeeWisconsin Supreme Court · 1885
- State ex rel. Busacker v. GrothWisconsin Supreme Court · 1907
- Covington Bridge Commission v. City of CovingtonCourt of Appeals of Kentucky (pre-1976) · 1934
- State ex rel. Wannemaker v. AlderWisconsin Supreme Court · 1894
- State ex rel. Nye v. WeingartenWisconsin Supreme Court · 1896
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