School District No. 3 v. Macloon
Wisconsin Supreme Court
APPEAL 1ST EQUITY PKOM KOOK CIRCUIT COURT. This was a bill for specific performance filed in the Rock Circuit Court, by school districts Nos. 8, 9,10 and 11, of the city of Janesville. The bill states that in the month of March, 1845, A. Hyatt Smith, Wm.
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APPEAL 1ST EQUITY PKOM KOOK CIRCUIT COURT. This was a bill for specific performance filed in the Rock Circuit Court, by school districts Nos. 8, 9,10 and 11, of the city of Janesville. The bill states that in the month of March, 1845, A. Hyatt Smith, Wm. H. H. Bailey, and Lewis E. Stone, were seized as tenants in common of a large number of lots in Smith, Bailey, and Stone’s addition to Janesville, and were citizens of said Janesville ; that school district No. 7 was duly organized on or about the 18*th day of March, 1845, and that on the 1st day of June next ensuing, said district No. 7, by…
1Opinion of the Court
By the Court,
Cole, J.
This is a bill for a specific performance of a contract, filed by school districts Nos. 3, 9, 10 and 11 of the city of Janesville, against A. Hyatt Smith, William H. H. Bailey, Lewis E. Stone and William Macloon. The bill is taken -as confessed by all the defendants except Macloon.. The first question to be considered is the right of these complainants to maintain this action. It is insisted, by the appellant, that the complainants have not shown, by their bill, that- they *84were legally formed out of tbe identical territory embraced in school district No. 7, and have the…
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