Frederick v. Douglas County
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: A. J. Vinje, Circuit Judge. This action was commenced November 16, 1895, by the plaintiff, for himself and all other taxpayers of said county, to restrain the county and its officers from paying to the defendant H. II.
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Appeal from a judgment of the circuit court for Douglas county: A. J. Vinje, Circuit Judge. This action was commenced November 16, 1895, by the plaintiff, for himself and all other taxpayers of said county, to restrain the county and its officers from paying to the defendant H. II. Grace, or issuing warrants to him for the pajnnent of, anything whatever for or on account of his-services as attorney, rendered or to be rendered to the county, and to compel the said Grace to pay back to. the county $2,012, which had previously been paid to him. The defendants having severally answered, and the…
1Opinion of the CourtCassoday, C. J.
1. It is contended that although the plaintiff, Frederick, is a taxpayer, property owner, and voter in the count}1-, yet that the amount of taxes paid by him was so small that he should not be allowed to maintain this action. The statute provides that “ when the question is one •of a common or general interest of many persons, or when •the. parties are very numerous, and it may be impracticable ¡to bring them all before the court, one or more may sue or defend for the benefit of the whole.” R. S. sec. 2604. “This •statute has been construed as merely re-enacting the rules which prevailed' in…
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