State ex rel. Mitchell v. Supervisors of the Town of Decatur
Wisconsin Supreme Court
APPEAL from the Circuit Court for Green County. This is a motion by the relator to .dismiss the appeal. The facts are thus stated by Mr. Justice Oassoday: “ It appears that application was made to the town supervisors, B. J. Gardner, S. C. Pierce, and W. E. Gardner, for "laying out a certain highway in the defendant town. Pierce being personally interested was disqualified to act.
Read the full summary
APPEAL from the Circuit Court for Green County. This is a motion by the relator to .dismiss the appeal. The facts are thus stated by Mr. Justice Oassoday: “ It appears that application was made to the town supervisors, B. J. Gardner, S. C. Pierce, and W. E. Gardner, for "laying out a certain highway in the defendant town. Pierce being personally interested was disqualified to act. Sec. 1266, Ü. S. The other two supervisors being divided in opinion, the application was necessarily denied. An appeal was taken and commissioners appointed, and they reversed the refusal to lay out the road by the…
1Opinion of the CourtCassoday, J.
The relator moves to dismiss the appeal upon papers showing facts, the substance of which is stated above. The request for the special town meeting seems to have been signed by the requisite number of qualified voters of the town, and sufficiently specified the purposes for which the meeting was called, within the provisions of sec. 788, R. S. The request was also left with the town clerk in time. The statute requires the town clerk, with whom it was left, to record the same. Sec. 789, R. S. This was done, but it is claimed that it was not done until after the meeting. The statute does not…
2Cited by4 opinions
- Wisconsin Central Railroad v. Ashland CountyWisconsin Supreme Court · 1891
- City of Columbus v. Town of Fountain PrairieWisconsin Supreme Court · 1908
- Common Council of the City of Oshkosh v. State ex rel. PerkinsWisconsin Supreme Court · 1884
- School District No. 11 v. ClifcornWisconsin Supreme Court · 1907