Smith v. City of Appleton
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. Action commenced June 18th, 1864, to restrain the issue of city bonds by the defendant, in aid of a railroad.
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APPEAL from the Circuit Court for Outagamie County. Action commenced June 18th, 1864, to restrain the issue of city bonds by the defendant, in aid of a railroad. The complaint alleges that prior to the 21st of March, 1861, defendant ■was indebted to the Chicago & Northwestern Railway Company in the sum of $15,000 for stock of the company, and that by an act of the legislature of the day mentioned, the city council were authorized to issue new bonds to the railway company to the amount of $15,000, with interest at seven per cent., payable annually, and to substitute these for the bonds issued…
1Opinion of the Court
By the Oourt,
Dixoít, O. J.
The plaintiff owns one of the bonds issued by the city under the act of March 21st, 1861, entitled, “ An act to authorize the city of Appleton to exchange bonds with its present bondholders.” Laws of 1861, ch. 90. The averment in the complaint is positive. The denial in the answer is of “ sufficient knowledge to form a belief.” Upon such a denial the injunction will not be dissolved. For the purpose of dissolving an injunction upon complaint and answer, the denial must be of the same positive character as the averment.
By the sixth section of the act the city council…
2Cases cited6 opinions
- Smith v. ClevelandWisconsin Supreme Court · 1863
- Brooklyn Central Rail Road v. Brooklyn City Rail RoadNew York Supreme Court · 1860
- People ex rel. McLane v. BondCalifornia Supreme Court · 1858
- Streubel v. Milwaukee & Mississippi RailroadWisconsin Supreme Court · 1860
- People ex rel. Tallant v. WoodsCalifornia Supreme Court · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Harsha v. City of DetroitMichigan Supreme Court · 1933
- Bryson v. McCrearyIndiana Supreme Court · 1885
- State ex rel. Hasbrouck v. City of MilwaukeeWisconsin Supreme Court · 1869
- Tainter v. LucasWisconsin Supreme Court · 1872
- Carstens v. City of Fond du LacWisconsin Supreme Court · 1909
3 more not listed; retrieve them via the Exa API.