Reeve v. City of Oshkosh
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Plaintiffs brought their action against the City of OshJcosh to recover the amount claimed by them as holders of four city orders. The orders were set out in the complaint, and, with the exception of the different amounts and numbers, were all as follows: “ $200, City Order. No. 810. “ Treasurer of the City of Oshkosh, pay to W. C. Frederick, or bearer, two hundred dollars out of the general fund not otherwise appropriated.
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APPEAL from the Circuit Court for Winnebago County. Plaintiffs brought their action against the City of OshJcosh to recover the amount claimed by them as holders of four city orders. The orders were set out in the complaint, and, with the exception of the different amounts and numbers, were all as follows: “ $200, City Order. No. 810. “ Treasurer of the City of Oshkosh, pay to W. C. Frederick, or bearer, two hundred dollars out of the general fund not otherwise appropriated. By order of the common council this 28th day of March, 1872. “ J. B. PowbRS, James Y. Jones. “City Cleric. „■ Mayor.'”…
1Opinion of the CourtCole, J.
This action is brought on four several city orders for certain specified amounts, which were made payable to one W. C. Frederick or bearer, “outof the general fund not otherwise appropriated,” and were signed by the mayor and the city clerk. The complaint alleges that the plaintiffs are the lawful owners and holders of the orders, and that such orders have-been presented to the city treasurer at his office in the city of. Oshkosh for payment, and that payment of the same was refused. The orders are set out in haec verla in the complaint. The complaint was demurred to on the ground that it…
2Cases cited1 opinion
- Bull v. . SimsNew York Court of Appeals · 1861
3Cited by10 opinions
- In re FarrellMontana Supreme Court · 1907
- Raymond v. PeopleColorado Court of Appeals · 1892
- Herring v. Modesto Irr. Dist.U.S. Circuit Court for the District of Northern California · 1899
- Seymour v. City of EllensburgWashington Supreme Court · 1914
- Quarles v. City of AppletonCourt of Appeals for the Seventh Circuit · 1924
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