Legal Opinion

Town of Emery v. Town of Worcester

Wisconsin Supreme Court

Decided December 15, 1908PublishedCited by 4 opinions

Appeal from an order of tire circuit court for Price county: John E. Pabish, Circuit Judge. The complaint alleges that November 12, 1903, the county board of Price county by adoption of an ordinance to be in full force and effect after April 1, 1904, did change the boundary line between plaintiff and defendant towns by detaching certain territory from the defendant and annexing it to the plaintiff, which ordinance directed that the boards of supervisors of the respective…

Read the full summary

Appeal from an order of tire circuit court for Price county: John E. Pabish, Circuit Judge. The complaint alleges that November 12, 1903, the county board of Price county by adoption of an ordinance to be in full force and effect after April 1, 1904, did change the boundary line between plaintiff and defendant towns by detaching certain territory from the defendant and annexing it to the plaintiff, which ordinance directed that the boards of supervisors of the respective towns shall meet as soon as convenient after the next annual meeting and apportion between the towns the resources and…

1Opinion of the CourtDodge, J.

The action of the county board in dividing the town of Worcester was by authority of sec. 671, Stats. (1898). By sec. 672, Stats. (1898), it is provided that whenever territory shall be detached from any town and annexed to another town, the town to which it is attached shall receive from the town from which detachment was made its just share of credits, “which shall be apportioned in the manner herein provided.” An earlier part of the section provides for the apportionment of indebtedness when a new town is created out of part of an old one, and commands that such apportionment be made by…

2Cases cited5 opinions

  1. Town of Depere v. Town of BellevueWisconsin Supreme Court · 1872
  2. Finney v. GuyWisconsin Supreme Court · 1900
  3. Schriber v. Town of LangladeWisconsin Supreme Court · 1886
  4. May v. BlackWisconsin Supreme Court · 1890
  5. Joint School District No. 8 v. School District No. 5Wisconsin Supreme Court · 1896

3Cited by4 opinions

  1. Houston Nat. Exch. Bank v. ChapmanCourt of Appeals of Texas · 1924
  2. Town of Greenfield v. Village of West MilwaukeeWisconsin Supreme Court · 1956
  3. Waisbren v. BlinkWisconsin Supreme Court · 1932
  4. City of Wauwatosa v. Union Free High School DistrictWisconsin Supreme Court · 1947

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API