Legal Opinion

Bay Land & Improvement Co. v. Town of Washburn

Wisconsin Supreme Court

Decided April 9, 1891PublishedCited by 4 opinions

APPEAL from the Circuit Court for Banjfield County. The following statement of the case was prepared by Mr. Justice Cassoday: This action was commenced on or about October 10,1890, by the plaintiffs, as residents and owners of taxable .property in the defendant town, and the complaint alleges, in effect, that in May, 1890, the highway tax and moneys in the town were exhausted; that since that date the town had expended $J,'739.75 on highways; that on or about September…

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APPEAL from the Circuit Court for Banjfield County. The following statement of the case was prepared by Mr. Justice Cassoday: This action was commenced on or about October 10,1890, by the plaintiffs, as residents and owners of taxable .property in the defendant town, and the complaint alleges, in effect, that in May, 1890, the highway tax and moneys in the town were exhausted; that since that date the town had expended $J,'739.75 on highways; that on or about September 2,1890, an order was unlawfully made and signed by two of the supervisors of the town, laying out a highway a distance of…

1Opinion of the CourtCassoday, J.

It is claimed that the temporary injunction granted by the court commissioner suspended the general and ordinary business of the corporation, and therefore was made in violation of sec. 2780, E. S., and hence was properly dissolved. The learned trial court seems to have dissolved the injunction on that ground, as the order expressly states that it was made “ without prejudice to a new application.” The section cited declares that “ an injunction to suspend the general and ordinary business of a corporation shall not be granted except by the court or presiding judge thereof,” etc. The theory…

2Cases cited6 opinions

  1. Peck v. School District No. 4Wisconsin Supreme Court · 1867
  2. Willard v. ComstockWisconsin Supreme Court · 1883
  3. Nevil v. CliffordWisconsin Supreme Court · 1882
  4. Lawson v. SchnellenWisconsin Supreme Court · 1873
  5. Nevil v. CliffordWisconsin Supreme Court · 1885

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Frederick v. Douglas CountyWisconsin Supreme Court · 1897
  2. Trester v. City of SheboyganWisconsin Supreme Court · 1894
  3. McGowan v. PaulWisconsin Supreme Court · 1910
  4. Carstens v. City of Fond du LacWisconsin Supreme Court · 1909

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