Legal Opinion

State ex rel. Grotegut v. Wuensch

Wisconsin Supreme Court

Decided January 30, 1912PublishedCited by 2 opinions

Appeal from a judgment of the circuit court for Manito-woc county: Michael KirwaN, Circuit Judge. On August 3, 1907, the town board of the town of Center-ville, Manitowoc county, upon a petition of residents of parts of school districts No. 1 and No. 4, made an order creating school district No. 6 of the town out of the territory of district No. 1, and another order making a division of the school property of the old district between it and the new district.

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Appeal from a judgment of the circuit court for Manito-woc county: Michael KirwaN, Circuit Judge. On August 3, 1907, the town board of the town of Center-ville, Manitowoc county, upon a petition of residents of parts of school districts No. 1 and No. 4, made an order creating school district No. 6 of the town out of the territory of district No. 1, and another order making a division of the school property of the old district between it and the new district. On appeal to the state superintendent of public instruction a decision was made reversing the order creating the new district. This…

1Opinion of the CourtSiebecker, J.

In the light of the facts and circumstances shown and from the history of the proceedings to create this new school district, as above stated, nothing appears showing that the orders of the town board creating the new district and apportioning the property were not in accord with the best interests of all persons concerned in the matter. They are assailed only because it appears that the town board failed to obtain jurisdiction to make them by reason of irregularities *221in giving notice of tbeir meeting to consider the petition. While a challenge to these orders for want of jurisdiction would…

2Cases cited3 opinions

  1. State ex rel. Dalrymple v. Milwaukee CountyWisconsin Supreme Court · 1883
  2. Wilson v. HellerWisconsin Supreme Court · 1873
  3. State ex rel. Schuette v. CaryWisconsin Supreme Court · 1910

3Cited by2 opinions

  1. Wurth v. AffeldtWisconsin Supreme Court · 1953
  2. McClutchey v. Milwaukee CountyWisconsin Supreme Court · 1941

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