Webster v. Douglas County
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: W. E. Bailey, Judge. This is an action in equity commenced August 1, 1894, by the plaintiffs, as taxpayers of Douglas county, on behalf ■of themselves and all others similarly situated, against the county, its supervisors,- treasurer, and clerk, together with ■certain contractors for highway work, to enjoin the alleged illegal expenditure of $8,000, which was then about to be expended in repairing highways…
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Appeal from a judgment of the circuit court for Douglas county: W. E. Bailey, Judge. This is an action in equity commenced August 1, 1894, by the plaintiffs, as taxpayers of Douglas county, on behalf ■of themselves and all others similarly situated, against the county, its supervisors,- treasurer, and clerk, together with ■certain contractors for highway work, to enjoin the alleged illegal expenditure of $8,000, which was then about to be expended in repairing highways throughout the county. A preliminary injunctional order was obtained at the time of the commencement of the action, and…
1Opinion of the Court
The following opinion was filed January 10, 1899:
Winslow, J.
It is well settled in this state that a taxpayer may maintain an action in equity, on behalf of himself and all other taxpayers, to restrain public officers from paying out the. public money for illegal purposes, and may also, under the proper circumstances, compel public officers, and even third persons, to repay into the public treasury money already paid out illegally. These propositions do not require further discussion. Willard v. Comstock, 58 Wis. 565; Frederick v. Douglas Co. 96 Wis. 411; Quaw v. Paff, 98 Wis. 586; Land, L. &…
2Cases cited6 opinions
- Frederick v. Douglas CountyWisconsin Supreme Court · 1897
- Land, Log & Lumber Co. v. McIntyreWisconsin Supreme Court · 1898
- Willard v. ComstockWisconsin Supreme Court · 1883
- Quaw v. PaffWisconsin Supreme Court · 1898
- Harrison v. Board of Supervisors of Milwaukee CountyWisconsin Supreme Court · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Chippewa Bridge Co. v. City of DurandWisconsin Supreme Court · 1904
- Fuller v. Trustees of Deerfield AcademyMassachusetts Supreme Judicial Court · 1925
- Linden Land Co. v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1900
- Kellogg v. School District No. 10 Comanche Co.Supreme Court of Oklahoma · 1903
- Burt v. BlumenauerOregon Supreme Court · 1985
37 more not listed; retrieve them via the Exa API.