Chippewa Bridge Co. v. City of Durand
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Pepin county: E. B. BeldeN, Judge. Taxpayer’s action to prevent an alleged unlawful use of public funds. The issues and the disposition of the same by the court, so far as indicated by the findings, are sufficiently shown by the following summary thereof: (1) Plaintiff is a private corporation organized under the laws of Wisconsin.
Read the full summary
Appeal from a judgment of the circuit court for Pepin county: E. B. BeldeN, Judge. Taxpayer’s action to prevent an alleged unlawful use of public funds. The issues and the disposition of the same by the court, so far as indicated by the findings, are sufficiently shown by the following summary thereof: (1) Plaintiff is a private corporation organized under the laws of Wisconsin. Defendant city of Durand is a municipal corporation organized and existing under ch. 252, Laws of 1887, and the acts amendatory thereof. -Since the commencement of the action defendant J. J. Morgan has been the mayor…
1Opinion of the CourtMarshall, J.
In addition to the findings referred to in the foregoing, the learned circuit judge found in the following language:
“All the material allegations of plaintiff’s complaint which are controverted and denied by the answers herein are unproven and -untrue.”
“All the material allegations of the various answers herein are proven and true.”
*92It greatly economizes judicial labor to make suck findings, but is a plain violation of the commands of sec. 2863, Stats. 1898. That section, as plainly as language can indicate it, lays upon trial judges the duty in such cases as this of finding specifically upon…
2Cases cited36 opinions
- Zottman v. City & County of San FranciscoCalifornia Supreme Court · 1862
- McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
- Platter v. Board of CommissionersIndiana Supreme Court · 1885
- Frederick v. Douglas CountyWisconsin Supreme Court · 1897
- Brady v. . the Mayor, C., of the City of New YorkNew York Court of Appeals · 1859
31 more not listed; retrieve them via the Exa API.
3Cited by121 opinions
- Fuller v. Trustees of Deerfield AcademyMassachusetts Supreme Judicial Court · 1925
- Twohy Bros. v. Ochoco Irrigation DistrictOregon Supreme Court · 1922
- Robert G. Lassiter & Co. v. TaylorSupreme Court of Florida · 1930
- Northwestern Iron Co. v. Indusrrial CommissionWisconsin Supreme Court · 1913
- Anderson v. FullerSupreme Court of Florida · 1906
116 more not listed; retrieve them via the Exa API.