Clark v. City of Janesville
Wisconsin Supreme Court
APPEAL PROM CIRCUIT COURT, ROCK COUNTY. This was an action commenced by Clark against the city of Janesville, to recover the amount due upon a city bond, and the coupons attached. The judgment from which the appeal was taken, was entered upon over-ruling the demurrer to the complaint.
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APPEAL PROM CIRCUIT COURT, ROCK COUNTY. This was an action commenced by Clark against the city of Janesville, to recover the amount due upon a city bond, and the coupons attached. The judgment from which the appeal was taken, was entered upon over-ruling the demurrer to the complaint. After averring that the city was a municipal corporation, duly incorporated, and that the Rock River Yalley Union Railroad Company was a body corporate and politic, duly organized, the complaint set forth, that on the 18th of June, 1853, the common council of the city passed an ordinance, providing for the…
1Opinion of the Court
By the Court,
Paine, J.
This cas'e involves the validity of bonds issued by the city of Janesville in aid of a railroad. The question is justly deemed an important one, and has given rise to much discussion, both in court and out. It is supposed to involve not only private safety, but the public honor; and appeals have been made on the one hand to protect tax payers from impending ruin, and on the other to preserve the honor and good name of the state from the blight of repudiation. Appeals of this character can have no weight with a judicial tribunal. Not that courts cannot look beyond the…
2Cases cited2 opinions
- State ex rel. Cothren v. LeanWisconsin Supreme Court · 1859
- State ex rel. Dean v. Common Council of MadisonWisconsin Supreme Court · 1859
3Cited by67 opinions
- State Ex Rel. Hammermill Paper Co. v. La PlanteWisconsin Supreme Court · 1973
- Gottlieb v. City of MilwaukeeWisconsin Supreme Court · 1967
- Clark v. City of Des MoinesSupreme Court of Iowa · 1865
- State ex rel. McGrael v. PhelpsWisconsin Supreme Court · 1910
- Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
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