Kimball v. Town of Rosendale
Wisconsin Supreme Court
APPEAL from the Circuit Court for I^ond du Lao County. Ch. 78, P. & L. Laws of 1871, contained the following provisions: 1. That whenever the Sheboygan & Pond du Lac Eailroad Company should desire any town to aid it under the act, it should make a definite proposition for such aid, and file it with the town clerk, who was required to immediately indorse thereon the time of its receipt by him. 2. That if, within three months after the filing of such proposition, said railroad…
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APPEAL from the Circuit Court for I^ond du Lao County. Ch. 78, P. & L. Laws of 1871, contained the following provisions: 1. That whenever the Sheboygan & Pond du Lac Eailroad Company should desire any town to aid it under the act, it should make a definite proposition for such aid, and file it with the town clerk, who was required to immediately indorse thereon the time of its receipt by him. 2. That if, within three months after the filing of such proposition, said railroad company should deliver to such clerk a substantial copy or copies thereof, bearing the signatures of a majority of all…
1Opinion of the Court
Byam, O. J.
This appeal appears to turn on the validity of eh. 20 of 1877. For there appears no room for doubt that, considered outside of the curative effect of that statute, there was sufficient evidence to go to the jury; for instance, on the date of filing the proposition of the railroad company. The affidavit of Babcock was clearly inadmissible; being admitted, it might well be disregarded in granting the nonsuit. But, *412aside from that, the double date indorsed upon the paper, the peculiar testimony of the clerk, the recital in the resolution of the supervisors, and perhaps other…
2Cases cited3 opinions
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Aspinwall v. Board of Commissioners of the Cty. of DaviessSupreme Court of the United States · 1860
- Hasbrouck v. City of MilwaukeeWisconsin Supreme Court · 1860
3Cited by29 opinions
- Aetna Life Insurance v. Washington Life & Disability Insurance Guaranty Ass'nWashington Supreme Court · 1974
- State ex rel. Hudd v. TimmeWisconsin Supreme Court · 1882
- State Ex Rel. Warren v. NusbaumWisconsin Supreme Court · 1973
- State ex rel. Attorney General v. DonaldWisconsin Supreme Court · 1915
- Adams v. City of BeloitWisconsin Supreme Court · 1900
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