Outagamie County v. Zuehlke
Wisconsin Supreme Court
Appeal from an order of the municipal court of Outa-gamie county: Albeet M. SpenceR, Judge. This action was brought against the defendant to recover one half of the money charged and collected by defendant for making abstracts while he was register of deeds between October 1, 1910, and December 31, 1912, under the provisions of ch. 270, Laws 1878, as amended by ch. 200, Laws 1881. The defendant answered, and among other things set up that ch. 270, Laws 1878, as amended, was…
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Appeal from an order of the municipal court of Outa-gamie county: Albeet M. SpenceR, Judge. This action was brought against the defendant to recover one half of the money charged and collected by defendant for making abstracts while he was register of deeds between October 1, 1910, and December 31, 1912, under the provisions of ch. 270, Laws 1878, as amended by ch. 200, Laws 1881. The defendant answered, and among other things set up that ch. 270, Laws 1878, as amended, was unconstitutional and. denied plaintiff’s right to recover. The plaintiff demurred to the answer for the reason that it…
1Opinion of the CourtKerwin, J.
The contention of the appellant is that the law is unconstitutional because (1) it authorizes the county to engage in private business; (2) that, if the business is governmental, the act breaks the unity and uniformity of county government; (3) that the act is a special act, in violation of sec. 31 of art. IY of the constitution.
The answer alleges that the county board of Outagamie County procured certain abstracts of title to real estate in .said county according to Walton’s system of abstracts at an •expense of $8,989.26, and that afterwards the legislature of the state of Wisconsin passed…
2Cases cited33 opinions
- Atkin v. KansasSupreme Court of the United States · 1903
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- State ex rel. Lamb v. CunninghamWisconsin Supreme Court · 1892
- Linden Land Co. v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1900
- Bittenhaus v. JohnstonWisconsin Supreme Court · 1896
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3Cited by18 opinions
- Buse v. SmithWisconsin Supreme Court · 1976
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- Saylor v. TrotterTennessee Supreme Court · 1923
- City of Manitowoc v. Town of Manitowoc RapidsWisconsin Supreme Court · 1939
- State ex rel. Buford v. WatkinsSupreme Court of Florida · 1923
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