Uren v. Walsh
Wisconsin Supreme Court
APPEAL from.' the Circuit Court for Iowa County. The' substance of the complaint is stated in the opinion. The defendants demurred thereto generally, and on the ground that there was a defect of parties defendant, and appealed from an order overruling the demurrer. They contended, inter alia, that the action should have been brought against the town.
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APPEAL from.' the Circuit Court for Iowa County. The' substance of the complaint is stated in the opinion. The defendants demurred thereto generally, and on the ground that there was a defect of parties defendant, and appealed from an order overruling the demurrer. They contended, inter alia, that the action should have been brought against the town. There is no allegation that the town board are acting wiifully or in . bad faith, and there is nothing in the complaint to show but that they are trying in good faith to discharge a public duty and secure a public benefit. Hence the town, if…
1Opinion of the Court
Ooi/e, C. J.
1. The first objection taken to the complaint is that there is a defect of parties defendant. ' It is said the action should have been brought against the town of Wald-wick and not against the supervisors of the town, eo nomine. But the learned counsel for the plaintiff gives this very satisfactory answer to the objection by saying that the removal of the fence, which was threatened by the defendants, was an unauthorized personal act, from the execution of which they only could be personally restrained. The fact that, the defendants threatened to commit the trespass under color of…
2Cases cited8 opinions
- Wilson v. City of Mineral PointWisconsin Supreme Court · 1875
- Hurley v. Town of TexasWisconsin Supreme Court · 1866
- Wallace v. City of MenashaWisconsin Supreme Court · 1880
- Squiers v. Village of NeenahWisconsin Supreme Court · 1869
- Church v. Joint School District No. 12Wisconsin Supreme Court · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Robinson v. RohrWisconsin Supreme Court · 1889
- Durkee v. City of KenosilaWisconsin Supreme Court · 1883
- Smart v. HartWisconsin Supreme Court · 1890
- Kempster v. City of MilwaukeeWisconsin Supreme Court · 1899
- Fisher v. . FisherSupreme Court of North Carolina · 1913
4 more not listed; retrieve them via the Exa API.