State ex rel. Mc Curdy v. Tappan
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. On tbe 8tb day of September, 1864, one Lyman F. Lent, a volunteer, was mustered into tbe military service of tbe United States, and was duly credited on tbe quota of Osbkosb, Winnebago county, but wbetber to tbe town or city of Osbkosb, does not very satisfactorily appear from bis muster-in roll.
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APPEAL from tbe Circuit Court for Winnebago County. On tbe 8tb day of September, 1864, one Lyman F. Lent, a volunteer, was mustered into tbe military service of tbe United States, and was duly credited on tbe quota of Osbkosb, Winnebago county, but wbetber to tbe town or city of Osbkosb, does not very satisfactorily appear from bis muster-in roll. Tbe relator, wbo was tben treasurer of tbe city of Osbkosb, and was entrusted with tbe payment of bounty money for tbe same, believing that Lent was credited on tbe quota of tbe city, paid, on tbe order of Lent, three hundred dollars as bounty. This…
1Opinion of the CourtLyon, J.
Whether the act of 1869 is, or is not a valid exercise of legislative power, tinder the constitution, is obvipusly the controlling question in this action. In view of its great importance we have given it the most deliberate and careful consideration. We are called upon to lay down the principles upon which the legislative power may constitutionally be employed to impose local municipal burdens in exceptional cases and for extraordinary purposes, and to define the limits of that power. While we may not shrink from this delicate and important duty, we shall endeavor to perform it with caution…
2Cases cited13 opinions
- Town of Guilford v. . the Supervisors of Chenango CountyNew York Court of Appeals · 1855
- People ex relat. Bush & Higby v. CollinsNew York Supreme Court · 1811
- Brodhead v. City of MilwaukeeWisconsin Supreme Court · 1865
- Brewster v. . City of SyracuseNew York Court of Appeals · 1859
- People ex rel. McCagg v. Mayor of ChicagoIllinois Supreme Court · 1869
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3Cited by40 opinions
- Woodall v. DarstWest Virginia Supreme Court · 1912
- Commonwealth ex rel. Attorney General v. MathuesSupreme Court of Pennsylvania · 1904
- Lockyer v. City and County of San FranciscoCalifornia Supreme Court · 2004
- State ex rel. Atwood v. JohnsonWisconsin Supreme Court · 1919
- Kingman v. City of BrocktonMassachusetts Supreme Judicial Court · 1891
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