Legal Opinion

Land, Log & Lumber Co. v. Oneida County

Wisconsin Supreme Court

Decided January 10, 1893PublishedCited by 5 opinions

APPEAL from the Circuit Court for Oneida County. The plaintiff corporation is the owner of large quantities of land in the defendant county and towns, and brings this action to restrain the county from paying certain county orders issued by it to such towns, and to annul such orders.

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APPEAL from the Circuit Court for Oneida County. The plaintiff corporation is the owner of large quantities of land in the defendant county and towns, and brings this action to restrain the county from paying certain county orders issued by it to such towns, and to annul such orders. This appeal is from the following orders of the circuit court: (1) An order denying a motion on behalf of the plaintiff company to strike out as frivolous the general demurrer of two of the defendants to the complaint; (2) an order dissolving a temporary injunction; and (3) two orders sustaining general…

1Opinion of the Court

The following opinion was filed October 25, 1892:

Lyon, C. J.

Although the orders appealed from contain the rulings of the circuit court on two demurrers and two motions, the question by which each order must be tested is, Does the complaint state facts sufficient to constitute a cause of action? If it does, all the orders must be reversed. If it does not, they must all be affirmed.

We think the learned circuit judge held correctly that as soon as Oneida county was organized it became the debtor of Lincoln county for its proper proportion of the indebtédness of the latter county to the state,…

2Cited by5 opinions

  1. Schlesinger v. StateWisconsin Supreme Court · 1928
  2. Reichert v. Milwaukee CountyWisconsin Supreme Court · 1914
  3. State v. City of MilwaukeeWisconsin Supreme Court · 1914
  4. Town of Winneconne v. Village of WinneconneWisconsin Supreme Court · 1901
  5. Jacobi v. Rubicon Malting & Grain Co.Wisconsin Supreme Court · 1921

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