Schmidt v. Joint School District No. 4 of Herman
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Sbawano •county: JohN GooklaNd, Circuit Judge. Taxpayers’ action to restrain alleged threatened misuse of public money and other alleged prejudicial acts of public officers.
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Appeal from an order of tbe circuit court for Sbawano •county: JohN GooklaNd, Circuit Judge. Taxpayers’ action to restrain alleged threatened misuse of public money and other alleged prejudicial acts of public officers. By appropriate allegations, facts were stated showing competency of plaintiffs to maintain the action, if the alleged threatened acts are properly preventable in a taxpayers’ action, and the requisite status of defendants to render them proper parties in such a case. The substance of the complaint •otherwise is as follows: July 15, 1910, at 8 o’clock p. m., a ■special meeting…
1Opinion of the Court
MAR.KTTat,t,; J.
The order is erroneous, if for no other reason, because it provides, absolutely, for judgment in favor of defendants and for ten dollars costs. Tbe court should not have granted costs except as a condition of pleading over, and have allowed reasonable time therefor. See. 2686, ■ Stats. *638(1898); Curtis v. Moore, 15 Wis. 134; Schoenleber v. Burkhardt, 94 Wis. 575, 69 N. W. 343; Bishop v. Aldrich, 48 Wis. 619, 623, 4 N. W. 775; Schroeder v. Richardson, 101 Wis. 529, 78 N. W. 178; Case v. Fuldner, 110 Wis. 568, 86 N. W. 163.
Tbe precise supposed infirmity in tbe complaint does not…
2Cases cited8 opinions
- Morse v. GilmanWisconsin Supreme Court · 1863
- South Milwaukee Co. v. MurphyWisconsin Supreme Court · 1902
- Schoenleber v. BurkhardtWisconsin Supreme Court · 1896
- Curtis v. MooreWisconsin Supreme Court · 1862
- Schroeder v. RichardsonWisconsin Supreme Court · 1899
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3Cited by10 opinions
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- Angers v. SabatinelliWisconsin Supreme Court · 1940
5 more not listed; retrieve them via the Exa API.