Roach v. Town of Menomonie
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bunn County. Action for bounty money. The complaint avers, in substance, that on the 14th of February, 1865, at a special meeting of the electors of the defendant town, regularly called for that purpose, they voted to raise $6,000 to pay a bounty of $200 each to persons who should enlist in the military service of the United States, and be credited to said town, under a certain call of the President; that “more than $5,000 of said sum has…
Read the full summary
APPEAL from the Circuit Court for Bunn County. Action for bounty money. The complaint avers, in substance, that on the 14th of February, 1865, at a special meeting of the electors of the defendant town, regularly called for that purpose, they voted to raise $6,000 to pay a bounty of $200 each to persons who should enlist in the military service of the United States, and be credited to said town, under a certain call of the President; that “more than $5,000 of said sum has been paid, and is nowin the treasury of said town;” that on the 16th of the same month, plaintiff, being then a resident…
1Opinion of the CourtDixow, C. J.
According to the decisions of this court in State ex rel. Dockstader v. Brown et al. (20 Wis. 287), and in Grubb and others v. The Town of Menomonie (21 id. 594), the complaint in this action contains a sufficient statement of all the facts necessary to constitute a valid contract between the plaintiff and the town, without the *529additional statement found in it that there was a special agreement between the plaintiff and the supervisors of the town with regard to the plaintiff’s enlistment. Aside from the alleged special agreement, and considering that as altogether out of the complaint, a…
2Cases cited1 opinion
- State ex rel. Dockstader v. BrownWisconsin Supreme Court · 1866