Legal Opinion

Mills v. Town of Jefferson

Wisconsin Supreme Court

Decided June 15, 1865PublishedCited by 21 opinions

APPEAL from the Circuit Court for Jefferson County. Action for the amount of one hunched and fifty interest coupons for ten dollars each, attached to thirty bonds for one hundred dollars each, issued by the defendant to the "Wisconsin Central Bailroacl Company; and also for accrued interest upon said coupons.

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APPEAL from the Circuit Court for Jefferson County. Action for the amount of one hunched and fifty interest coupons for ten dollars each, attached to thirty bonds for one hundred dollars each, issued by the defendant to the "Wisconsin Central Bailroacl Company; and also for accrued interest upon said coupons. The act authorizing the issue of said bonds was approved February 23d, 1857. Private and Local Laws of 1857, ch. 39. Section 3 of the act provides that the bonds shall not be issued unless the town supervisors shall be so instructed by a majority of the legal voters of the town, voting…

1Opinion of the CourtCole, J.

It was not seriously contended on the argumejit, that the denial in the answer was such as to call for proof of the fact that the supervisors, before the delivery of the bonds, received from the company the security prescribed in the 5th section of chap. 39, Private Laws of 1857, p. 64, being the act under which the bonds of the town were issued. It was distinctly alleged in the complaint that the railroad company gave security, to the satisfaction of the supervisors, that the money arising from the sale of the bonds should be faithfully applied to the construction of the road. In respect to…

2Cases cited4 opinions

  1. Russell v. Smith ex rel. PrinceTennessee Supreme Court · 1848
  2. Kellogg v. HickokNew York Supreme Court · 1828
  3. Hollingsworth v. DetroitU.S. Circuit Court for the District of Michigan · 1844
  4. Leonard v. Administrator of VillarsIllinois Supreme Court · 1860

3Cited by21 opinions

  1. Koshkonong v. BurtonSupreme Court of the United States · 1882
  2. Converters Equipment Corp. v. Condes Corp.Wisconsin Supreme Court · 1977
  3. Milwaukee County v. IsenringWisconsin Supreme Court · 1901
  4. Necedah Manufacturing Corp. v. Juneau CountyWisconsin Supreme Court · 1932
  5. Winterfield v. Cream City of Brewing CompanyWisconsin Supreme Court · 1897

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