Balch v. Beach
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Jackson -county: James O’Neill, Circuit Judge. Taxpayer’s action to enjoin the collection of a judgment •against Joint School District No. 1 of the towns of Melrose and Irving.
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Appeal from a judgment of the circuit court for Jackson -county: James O’Neill, Circuit Judge. Taxpayer’s action to enjoin the collection of a judgment •against Joint School District No. 1 of the towns of Melrose and Irving. The facts were these: The assessed valuation of the taxable property of the district for 1899 was $71,564, and for 1900, $76,748. The number of inhabitants for said years was 37.6. July 3, 1899, in form, at the annual school meeting of the district, it was voted to obtain plans for a school building to cost not to exceed $4,000, and a building committee was appointed to…
1Opinion of the Court
The following opinion was filed May 29, 1903:
Maeshall, J.
The theory upon which the decision of the lower court was rendered is that the indebtedness, so called, forming the basis for the judgment, the collection of which is sought to be enjoined, had no existence in fact, being in excess of the constitutional authority of the district to incur; that its officers committed a breach of duty in not defending the action to effect on that ground; that under the circumstances the judgment is fraudulent in law; that in equity, at the suit of a party competent to move in the matter and seasonably…
2Cases cited41 opinions
- Frederick v. Douglas CountyWisconsin Supreme Court · 1897
- Ludington v. PattonWisconsin Supreme Court · 1901
- Northern Trust Co. v. SnyderWisconsin Supreme Court · 1902
- Zinc Carbonate Co. v. First National Bank of ShullsburgWisconsin Supreme Court · 1899
- Land, Log & Lumber Co. v. McIntyreWisconsin Supreme Court · 1898
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3Cited by31 opinions
- Huber v. MartinWisconsin Supreme Court · 1906
- Boring v. OttWisconsin Supreme Court · 1909
- Village of Heyburn v. Security Savings & Trust Co.Idaho Supreme Court · 1935
- Ellefson v. SmithWisconsin Supreme Court · 1924
- City of Eau Claire v. Eau Claire Water Co.Wisconsin Supreme Court · 1909
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