Legal Opinion

Hohl v. Town of Westford

Wisconsin Supreme Court

Decided June 15, 1873PublishedCited by 7 opinions

APPEAL from tbe Circuit Court for Bodge County. The complaint alleges “ that on or about the 20th day of June, 1870, the defendant, by the town board of supervisors of said town, employed this plaintiff to dig a ditch in said town for the purpose of draining and reclaiming the swamp and overflowed land in said town, and agreed to pay this plaintiff therefor the sum of sixty dollars; that this plaintiff has dug said ditch under the direction of said supervisors, and that…

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APPEAL from tbe Circuit Court for Bodge County. The complaint alleges “ that on or about the 20th day of June, 1870, the defendant, by the town board of supervisors of said town, employed this plaintiff to dig a ditch in said town for the purpose of draining and reclaiming the swamp and overflowed land in said town, and agreed to pay this plaintiff therefor the sum of sixty dollars; that this plaintiff has dug said ditch under the direction of said supervisors, and that there is now due him therefor the sum of $60.” It further alleges that at the time such contract was made, the treasurer of…

1Opinion of the CourtLyoN, J.

I. This action was commenced in August, 1870, at which time the following statute was in force: “ When any action in a justice’s court shall be commenced by or against any town, or town officer in his official capacity, the same shall be commenced before a justice of the peace elected in any adjoining town.” R. S., ch. 120, sec. 19. By reference to certain acts of the legislature of which the court takes judicial notice (the same being public acts), it probably appears that the city of Beaver Dam, in which the justice, before whom this action was commenced, was elected, does not adjoin the…

2Cases cited1 opinion

  1. Blackwood v. JonesWisconsin Supreme Court · 1871

3Cited by7 opinions

  1. Center School Township v. State ex rel. Board of School CommissionersIndiana Supreme Court · 1898
  2. State Ex Rel. La Follette v. MoserWisconsin Supreme Court · 1966
  3. School Districts v. EdwardsWisconsin Supreme Court · 1879
  4. Town of Fox Lake v. President of Fox LakeWisconsin Supreme Court · 1885
  5. Village of Bayside v. Town of MilwaukeeWisconsin Supreme Court · 1954

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