Board of School Directors v. Board of School Directors
Wisconsin Supreme Court
APPEAL from the Circuit Court for Lincoln County. This action was commenced December 8,1888, to recover $1,181.08, with interest from January 20, 1888, as the alleged surplus of credits and assets over liabilities existing January 1, 1887, at which time the plaintiff was created out of a portion of the original territory constituting the defendant town. The complaint is in the appropriate form.
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APPEAL from the Circuit Court for Lincoln County. This action was commenced December 8,1888, to recover $1,181.08, with interest from January 20, 1888, as the alleged surplus of credits and assets over liabilities existing January 1, 1887, at which time the plaintiff was created out of a portion of the original territory constituting the defendant town. The complaint is in the appropriate form. The defendant’s answer, among other things, alleges a counterclaim to the amount of $1,894.15, with interest. The plaintiff replied to the counterclaim, May 8, 1889. The cause was referred to Hon. 0.…
1ConcurrencePiNNEY, J.
I cannot concur in the opinion of the court that the word “ credits ” as used in sec. 2, ch. 334, Laws of 1885, includes school sites, school-houses, and furniture and fixtures, or the value thereof, or any tangible property whatever. It clearly signifies in this statute, as it does in book-keeping and commercial and business transactions, the opposite of debits, that which is due to any person as con-tradistinguished from that which he owes; for without the relation of creditor and debtor there can be no such thing as a “ credit.” 4 Am. & Eng. Ency. of Law, 572; Barnes v. Treat, 7 Mass. 271,…
2Cases cited14 opinions
- Garrigus v. Board of CommissionersIndiana Supreme Court · 1872
- Mundt v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1872
- Town of Milwaukee v. City of MilwaukeeWisconsin Supreme Court · 1860
- Smith v. StateCourt of Appeals of Maryland · 1886
- Town of Depere v. Town of BellevueWisconsin Supreme Court · 1872
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