Terry v. City of Milwaukee
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. The complaint stated that on the 1st day of July, 1859, at, &c., the defendant, by the president and secretary of its board of school commissioners, made its order in writing of that date, requiring the treasurer of said city to pay to one Pomeroy or bearer, $88.88, with interest at the rate of ten per cent, from the date thereof, out of any money belonging to the school fund, the same having that day been allowed for…
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APPEAL from tbe Circuit Court for Milwaukee County. The complaint stated that on the 1st day of July, 1859, at, &c., the defendant, by the president and secretary of its board of school commissioners, made its order in writing of that date, requiring the treasurer of said city to pay to one Pomeroy or bearer, $88.88, with interest at the rate of ten per cent, from the date thereof, out of any money belonging to the school fund, the same having that day been allowed for salary as a teacher, and delivered the order to said Pom-eroy, who afterwards sold and transferred it to the plaintiff; that…
1Opinion of the Court
By the Court,
Cole, J.
The complaint in this case was demurred to for insufficiency, because it did not state facts constituting a cause of action. Several objections are taken to the complaint, all of which we deem untenable.
In the first place, it is insisted that it dpes not appear that the officers of the school board of the city of Milwaukee had *491any power or authority to make and execute tbe orders mentioned in tbe complaint, nor to do tbe acts it is .they have done. But this, we think, is a mistake. For tbe court must take judicial notice of tbe provisions of tbe city ^ * •*» charter and…
2Cited by12 opinions
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- Case v. PinnickSupreme Court of Oklahoma · 1939
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- Lueptow v. GuptillWisconsin Supreme Court · 1972
- Moore v. KruegerCourt of Appeals of Wisconsin · 1993
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