School District No. 8 v. Arnold
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bodge County. This action was brought in the name of the plaintiff district by the director thereof, at the request of the district board, to recover damages from defendants for illegally entering the school house, breaking the locks and otherwise injuring the building.
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APPEAL from the Circuit Court for Bodge County. This action was brought in the name of the plaintiff district by the director thereof, at the request of the district board, to recover damages from defendants for illegally entering the school house, breaking the locks and otherwise injuring the building. Answer, 1. A general denial. 2. That defendants entered by permission of the electors and also of the officers of the district. 8. That the officers of the district had no authority to bring the action. It appeared in evidence that the defendants entered the school building in company with…
1Opinion of the CourtCole, J.
By the express provisions of the statute, the district board has the care and keeping of the school house and other property belonging to the district (section 48, chap. 155, Laws of 1868), and as incident to the proper discharge of this-duty must be deemed to have authority to bring a suit for arr injury to the school house. The general rule of law is stated by Ch. J. Spencer, in Overseers of Pittstown v. Overseers of Plattsburg, 18 Johns., 406-418, that when a public office is instituted by the legislature, an implied authority is conferred on the officer to bring all suits, as incident…
2Cited by6 opinions
- State ex rel. Weiss v. District Board of School District No. EightWisconsin Supreme Court · 1890
- Spencer v. Joint School District No. 6Supreme Court of Kansas · 1875
- Tyre v. KrugWisconsin Supreme Court · 1914
- Town of Fox Lake v. President of Fox LakeWisconsin Supreme Court · 1885
- Joint School District No. 1 v. City of ChiltonWisconsin Supreme Court · 1977
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