Brown v. Town of Jacobs
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. Action upon several town orders, payment of which had been refused. Each of the orders was in form like the following : “ $61.50 Town Oehee. * No. 1,038. “ (Bidden, Ashland Co., Wis., July 15, 1889. “ To the Treasurer of the Town of Jacobs: Pay to Thomas McQueen or bearer the sum of sixty-one and 50-100 dollars out of any moneys in the town fund not otherwise appropriated, being for assessing. C. W. Klike, Chairman.
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APPEAL from the Circuit Court for Ashland County. Action upon several town orders, payment of which had been refused. Each of the orders was in form like the following : “ $61.50 Town Oehee. * No. 1,038. “ (Bidden, Ashland Co., Wis., July 15, 1889. “ To the Treasurer of the Town of Jacobs: Pay to Thomas McQueen or bearer the sum of sixty-one and 50-100 dollars out of any moneys in the town fund not otherwise appropriated, being for assessing. C. W. Klike, Chairman. “ Countersigned: P. J. Soallok, Town Clerk.” The defendant appeals from an order overruling a general demurrer to the complaint.
1Opinion of the CourtCole, C. J.
This is an action brought upon several town orders which were drawn upon the town treasurer and were made payable “ out of any moneys in the town fund not otherwise appropriated.” The orders are signed by the chairman of the town board, and are countersigned by the town clerk, and purport on their face to have been issued for a demand against the town. The main objection taken to. the complaint is that it is defective because it does not allege that the claims of the persons to whom the orders were issued were audited and allowed by the town board of the town, or that the board authorized the…
2Cases cited2 opinions
- Hubbard v. Town of LyndonWisconsin Supreme Court · 1871
- Kimball v. SpicerWisconsin Supreme Court · 1860
3Cited by3 opinions
- Reichert v. Milwaukee CountyWisconsin Supreme Court · 1914
- Heffleman v. Pennington CountySouth Dakota Supreme Court · 1892
- Edinburg American Land & Mortgage Co. v. City of MitchellSouth Dakota Supreme Court · 1891