Siegel v. Town of Liberty
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Outagamie county; JonN GoodlaNd, Circuit Judge. This is a taxpayer’s action in equity to set aside an alleged illegal contract made by the defendant town and to enjoin the collection of taxes to meet said contract.
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Appeal from an order of tbe circuit court for Outagamie county; JonN GoodlaNd, Circuit Judge. This is a taxpayer’s action in equity to set aside an alleged illegal contract made by the defendant town and to enjoin the collection of taxes to meet said contract. The complaint, after the formal allegation showing the corporate character of the town of Liberty and the character of the defendant The Austin <& Western Company as a foreign corporation, alleged, in substance, that the plaintiff is a taxpayer of road district No. 3 of said town of Liberty; that on November 3, 1899, without any…
1Opinion of the CourtWinslow, J.
The cases have been so numerous in this court during recent years sustaining the taxpayer’s right in equity to maintain an action to prevent the making or carrying out of illegal and unauthorized contracts by municipal corporations involving the increase of taxation or the unlawful expenditure of public funds, or both, that it seems unnecessary to do more than to refer to the proposition. Webster v. Douglas Co. 102 Wis. 181.
The question presented here is whether the complaint, fairly construed, presents such a case. We think it does. The complaint sufficiently shows that the plaintiff is a…
2Cases cited1 opinion
- Webster v. Douglas CountyWisconsin Supreme Court · 1899
3Cited by3 opinions
- Ozaukee County v. LABOR ASS'N OF WISCONSINCourt of Appeals of Wisconsin · 2008
- Johnson v. City of MilwaukeeWisconsin Supreme Court · 1911
- Smith v. VogtWisconsin Supreme Court · 1947