Legal Opinion

Town of Brookfield v. Beisber

Wisconsin Supreme Court

Decided June 8, 1954PublishedCited by 11 opinions

1Opinion of the CourtBrown, J.

The record before us shows that the town’s motion to dismiss the January proceeding alleged generally that the application for incorporation was without merit, but was specific only in its allegation that the statute providing for the printing of notices had not been followed. The trial court’s order of January 16, 1953, stated:

“The court, therefore, finds that the failure to comply with the said section of the statutes, publishing the notice of incorporation in the Elm Leaves, is jurisdictional; that all the proceedings are void; and the petition is dismissed.”

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2Cases cited4 opinions

  1. State ex rel. Town of Holland v. LammersWisconsin Supreme Court · 1902
  2. In re Incorporation of the Village of ChenequaWisconsin Supreme Court · 1928
  3. Town of Lake v. City of MilwaukeeWisconsin Supreme Court · 1949
  4. Jefferson County Drainage Board v. BaneckWisconsin Supreme Court · 1953

3Cited by11 opinions

  1. Schmitt v. PierceSupreme Court of Missouri · 1961
  2. Town of Greenfield v. City of MilwaukeeWisconsin Supreme Court · 1956
  3. In Re Village of Oconomowoc LakeWisconsin Supreme Court · 1959
  4. In Re Village of Oconomowoc LakeWisconsin Supreme Court · 1955
  5. Town of Blooming Grove v. City of MadisonWisconsin Supreme Court · 1957

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