Legal Opinion

Perrin v. City of New London

Wisconsin Supreme Court

Decided December 14, 1886PublishedCited by 1 opinion

APPEAL from the Circuit Court for Waupaca County. This action was brought to recover the sums due on eight bonds for $100 each, and interest, executed by the village of Mew London to the treasurer of the Green Bay & Lake Pepin Railway Company, or bearer, dated March 1,1872, and owned by the plaintiff. Such village was incorporated and organized in 1868 under and by virtue of ch. 504, P. & L. Laws of that year.

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APPEAL from the Circuit Court for Waupaca County. This action was brought to recover the sums due on eight bonds for $100 each, and interest, executed by the village of Mew London to the treasurer of the Green Bay & Lake Pepin Railway Company, or bearer, dated March 1,1872, and owned by the plaintiff. Such village was incorporated and organized in 1868 under and by virtue of ch. 504, P. & L. Laws of that year. It became an incorporated city under ch. 162, Laws of 1877. The city, the defendant in this action, succeeded to all legal liabilities of the village. The bonds in suit were issued…

1Opinion of the Court

Lyoít, J.

1. Because .the village of blew London, which issued the bonds in suit, was not incorporated and organized when ch. 93, P. & L. Laws of 1867, under which such bonds were issued, was enacted, counsel for the defendant city maintains that the act of 1867 was not applicable to such village and conferred no authority upon it to issue the bonds.

The language of the statute is: “ It shall be lawful for any county, through any portion of which any part of the Green Bay & Lake Pepin Eailway shall run, or any town or incorporated city or village in such county, to issue and deliver to said…

2Cases cited3 opinions

  1. Fisk v. City of KenoshaWisconsin Supreme Court · 1870
  2. Oleson v. Green Bay & Lake Pepin Railway Co.Wisconsin Supreme Court · 1874
  3. Foster v. City of KenoshaWisconsin Supreme Court · 1860

3Cited by1 opinion

  1. State ex rel. Marinette, Tomahawk & Western Railway Co. v. Common Council of TomahawkWisconsin Supreme Court · 1897

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