Thorndike v. Milwaukee Auditorium Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: W. J. Tuioteb, Circuit Judge. contended, inter alia, that the appellants as heirs of the dedicator could maintain t.ln'g action: Waiven v. Lyons City, 22 Iowa, 351; Rowzee v. Pierce, 75 Miss. 846, 23 South. 307. A resident taxpayer could maintain the action. McIntyre v. Board of Comm’rs, 15 Colo. App. 78, 61 Pac. 237; Crampton v. Zabriskie, 101 U. S. 601; Davenport v. Buffington, 97 Fed. 234; 2 Dill. Mun.
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Appeal from a judgment of the circuit court for Milwaukee county: W. J. Tuioteb, Circuit Judge. contended, inter alia, that the appellants as heirs of the dedicator could maintain t.ln'g action: Waiven v. Lyons City, 22 Iowa, 351; Rowzee v. Pierce, 75 Miss. 846, 23 South. 307. A resident taxpayer could maintain the action. McIntyre v. Board of Comm’rs, 15 Colo. App. 78, 61 Pac. 237; Crampton v. Zabriskie, 101 U. S. 601; Davenport v. Buffington, 97 Fed. 234; 2 Dill. Mun. Corp. (4th ed.) §§ 653, 914. A municipality cannot use, for purposes foreign to the dedication, lands dedicated for •a…
1Opinion of the CourtTimxin, J.
The complaint in this action averred that the plaintiffs are the sole heirs at law of Byron Kilboum, who died testate on December 16, 1870, leaving surviving him his widow, Henrietta, and his son, Byron H. Kilboum. His will, which was duly admitted to probate, after devising *5and bequeathing a life estate in certain real property and some personal property to bis widow, devised and bequeathed all the rest, residue, and remainder of his estate one half to Byron H. Kilbourn and the other half to I. A. Lapham in trust for the plaintiffs. In the year 1891 Byron H. Kil-bourn died intestate leaving…
2Cases cited40 opinions
- Barclay v. Richard W. Howell's LesseeSupreme Court of the United States · 1832
- Archer v. Salinas CityCalifornia Supreme Court · 1892
- Lackland v. WalkerSupreme Court of Missouri · 1899
- Warren v. MayorSupreme Court of Iowa · 1867
- Abbott v. Inhabitants of Cottage CityMassachusetts Supreme Judicial Court · 1887
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3Cited by16 opinions
- Kirchen v. RemengaMichigan Supreme Court · 1939
- Maxcy v. City of OshkoshWisconsin Supreme Court · 1910
- Polebitzke v. John Week Lumber Co.Wisconsin Supreme Court · 1914
- Treadwell v. BeebeSupreme Court of Kansas · 1920
- Mueller v. SchierWisconsin Supreme Court · 1926
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