Town of Shelby v. Miller
Wisconsin Supreme Court
Appeal from an order of the circuit court for La Crosse county: J. J. Feuit, Circuit Judge. Action on contract. Tlie allegations of the complaint are to the following effect: September 13, 1899, defendant duly applied to the supervisors of the plaintiff town, under sec. 1275, Stats. 1898, to lay out a public highway to lands owned by him.
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Appeal from an order of the circuit court for La Crosse county: J. J. Feuit, Circuit Judge. Action on contract. Tlie allegations of the complaint are to the following effect: September 13, 1899, defendant duly applied to the supervisors of the plaintiff town, under sec. 1275, Stats. 1898, to lay out a public highway to lands owned by him. Such proceedings were duly taken pursuant thereto that the application was granted October 23, 1899. Subsequently William Baier commenced an action in the circuit court for La Crosse county, against said supervisors as such, to enjoin the opening of the…
1Opinion of the CourtMaeshall, J.
As indicated in the statement, the supervisors, by the contract sought to be enforced in this action, abdicated their official positions as guardians of the public-welfare in respect to the suit commenced by Baier. They officially considered the question of whether they ought, under the circumstances, to jeopardize tire interests of tire town by defending the suit, and determined it in the negative; then,, in effect, for the consideration in controversy they' allowed appellant to prolong the litigation in their official names. If' this case could be determined on its mere moral aspects, the…
2Cases cited3 opinions
- Winter v. . KinneyNew York Court of Appeals · 1848
- State ex rel. Curtis v. Town Board of GenevaWisconsin Supreme Court · 1900
- Webb v. AlbertsonNew York Supreme Court · 1848
3Cited by13 opinions
- City of Madison v. Frank Lloyd Wright FoundationWisconsin Supreme Court · 1963
- Maxcy v. City of OshkoshWisconsin Supreme Court · 1910
- Milwaukee Light, Heat & Traction Co. v. Ela Co.Wisconsin Supreme Court · 1910
- State ex rel. Dosch v. RyanWisconsin Supreme Court · 1906
- McMillan v. City of Fond du LacWisconsin Supreme Court · 1909
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