Legal Opinion

Perry v. Superior City

Wisconsin Supreme Court

Decided June 15, 1870PublishedCited by 1 opinion

APPEAL from the Circuit Court for Douglass County. Action to recover for services rendered, etc. The complaint alleged, in substance, that the defendant was a corporation formed under chap. 151, Laws of 1858, and acts amendatory thereof; that the plaintiff had been employed by the defendant as its attorney in conducting, arguing and defending various actions and proceedings before the several branches of the United States Land Department, and recovering and preserving to the…

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APPEAL from the Circuit Court for Douglass County. Action to recover for services rendered, etc. The complaint alleged, in substance, that the defendant was a corporation formed under chap. 151, Laws of 1858, and acts amendatory thereof; that the plaintiff had been employed by the defendant as its attorney in conducting, arguing and defending various actions and proceedings before the several branches of the United States Land Department, and recovering and preserving to the defendant a considerable quantity of public lands; and that for such services the defendant was justly indebted to the…

1Opinion of the CourtPaine, J.

Under the decision in Clarke et al. vs. Fay, 20 Wis. 478, the order sustaining the demurrer to the complaint must be affirmed. It was there held that the organizations authorized by chap. 151, Laws of 1858, were not authorized to make the entry of lands, and receive the title in trust for the settlers, as contemplated by the act of Congress therein referred to. Without entering upon any re-examination of the correctness of that conclusion, it seems to follow from it, that the organizations provided for by that statute of this state have no substantial powers whatever. The act evidently was…

2Cases cited1 opinion

  1. Clarke v. FayWisconsin Supreme Court · 1866

3Cited by1 opinion

  1. Hampton v. Commissioners of Logan CountyIdaho Supreme Court · 1896

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