Caxton Co. v. School District No. Five
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wash-burn county: A. J. Vinje,' Circuit Judge. Plaintiff, being the owner of what on its face purported-to be a school order issued to it by the defendant through its authorized officer, payment of which had been refused, commenced this action to recover upon the alleged indebtedness forming the basis thereof.
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Appeal from a judgment of the circuit court for Wash-burn county: A. J. Vinje,' Circuit Judge. Plaintiff, being the owner of what on its face purported-to be a school order issued to it by the defendant through its authorized officer, payment of which had been refused, commenced this action to recover upon the alleged indebtedness forming the basis thereof. The issues made by the pleadings were decided by the court according to a stipulation of' facts made by the parties in effect thus: October 3, 1899, the clerk and director of the defendant district met plaintiff’s agent on the highway and…
1Opinion of the CourtMaeshall, J.
The judgment must be affirmed. On the facts, as original matters, the school order, and the agreement upon which it is based as well, are condemned by secs. 432, 436, Stats. 1898. The former provides that, “No act authorized to be done by the board shall be valid unless voted at its meeting.” The latter provides that all purchases of *376tbe character of the one in question “shall be approved at a regular meeting of the board at which all the members are present.” The competency of the school district officers to ratify an absolutely void act, giving it original validity, by mere silence, is…
2Cases cited2 opinions
- McGillivray v. Joint School District No. 1Wisconsin Supreme Court · 1901
- Kane v. School DistrictWisconsin Supreme Court · 1881
3Cited by9 opinions
- Chippewa Bridge Co. v. City of DurandWisconsin Supreme Court · 1904
- Shulse v. City of MayvilleWisconsin Supreme Court · 1937
- Paul v. City of SeattleWashington Supreme Court · 1905
- Board of Ed. v. American National Co.Supreme Court of Oklahoma · 1928
- Tracy Cement Tile Co. v. City of TracySupreme Court of Minnesota · 1919
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