Legal Opinion

Cotter v. Joint School District No. 3

Wisconsin Supreme Court

Decided October 3, 1916PublishedCited by 10 opinions

Appeal from an order of tbe circuit court’ for Pierce county: Geobge Thompson, Circuit Judge. Action by a taxpayer to enjoin a school district having an assessed valuation of $257,887 from making a loan of $12,000 pursuant to certain resolutions passed by the electors thereof.

Read the full summary

Appeal from an order of tbe circuit court’ for Pierce county: Geobge Thompson, Circuit Judge. Action by a taxpayer to enjoin a school district having an assessed valuation of $257,887 from making a loan of $12,000 pursuant to certain resolutions passed by the electors thereof. The statute under which the loan was sought to be made is sec. 475, Stats. 1915. So much thereof as is material to the questions raised by the appeal reads: “Eor the purpose of aiding in the erection or purchasing of a schoolhouse any school district, whether organized under general law, special law or charter, may, by…

1Opinion of the Court

The following opinion was filed May 23, 1916:

ViNJE, J.

The plaintiff contends that these resolutions are insufficient to authorize any loan because (1) the statute does not authorize a loan for the purpose stated in the first resolution; (2) the resolution does not specify the time of payment; and (3) it does not specify the manner of payment, whether in annual instalments or otherwise.

It is urged that since the statute permits a loan only for the purpose of aiding in the erection or purchase of a schoolhouse, money cannot be borrowed for the purpose of remodeling a schoolhouse and building an…

2Cases cited1 opinion

  1. Burgess v. Dane CountyWisconsin Supreme Court · 1912

3Cited by10 opinions

  1. State Ex Rel. Morgan v. State Board of ExaminersMontana Supreme Court · 1957
  2. School District No. 6 in Chase County v. RobbSupreme Court of Kansas · 1939
  3. Bryant v. Board of ExaminersMontana Supreme Court · 1956
  4. Ashcraft v. B'd. of Sup'vrs. Hinds Co.Mississippi Supreme Court · 1948
  5. Tom v. Board of County Com'rs of Lincoln CountyNew Mexico Supreme Court · 1939

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API