Smelker v. Campbell
Wisconsin Supreme Court
Appeals from a judgment of tbe county court' of Iowa county: Aldeo JeNks, Judge. This is a taxpayer’s action brought by tbe plaintiff on behalf of tbe city of Dodgeville to recover from' tbe mayor and members of tbe common council of tbe city tbe amounts paid to them respectively as salaries during tbe years 1914 and 1915, also to enjoin all such payments in tbe future, on tbe ground that they were not authorized by law.
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Appeals from a judgment of tbe county court' of Iowa county: Aldeo JeNks, Judge. This is a taxpayer’s action brought by tbe plaintiff on behalf of tbe city of Dodgeville to recover from' tbe mayor and members of tbe common council of tbe city tbe amounts paid to them respectively as salaries during tbe years 1914 and 1915, also to enjoin all such payments in tbe future, on tbe ground that they were not authorized by law. The action was brought in the county court of Iowa county and was tried by the court. It appeared that the city of Dodgeville was originally organized under a special charter…
1Opinion of the CourtWinslow, C. J.
Upon the defendants’ appeal it is urged that the county court had no jurisdiction of the subject matter of this action. The statute conferring civil jurisdiction on this court is ch. 339, Laws 1915, and the particular section in question will be found printed in the case of State ex rel. Owen v. Reisen, 164 Wis. 123, 159 N. W. 747, where it was held that its jurisdiction did not extend to an action in equity to enjoin a public nuisance. Under this ruling it may well be that, if this action had been brought simply to enjoin the city from paying any salaries in the future, it would not be…
2Cases cited3 opinions
- Adams v. City of BeloitWisconsin Supreme Court · 1900
- State ex rel. Boycott v. Mayor of La CrosseWisconsin Supreme Court · 1900
- State ex rel. Owen v. ReisenWisconsin Supreme Court · 1916
3Cited by4 opinions
- Galloway v. StateWisconsin Supreme Court · 1966
- Huff v. City of Wichita FallsTexas Supreme Court · 1932
- Galloway v. StateWisconsin Supreme Court · 1966
- Zweifel v. City of MilwaukeeWisconsin Supreme Court · 1925