Legal Opinion

Musback v. Schaefer

Wisconsin Supreme Court

Decided October 21, 1902PublishedCited by 5 opinions

Appeal from a judgment of the circuit court for Ozaukee county: James J. Dice, Circuit Judge. The complaint, in form, contains two causes of action.

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Appeal from a judgment of the circuit court for Ozaukee county: James J. Dice, Circuit Judge. The complaint, in form, contains two causes of action. The substance of the first is as follows: Plaintiff, a taxpayer and resident voter of school district No'. 8 of the town of Saukville, Ozaukee county, Wisconsin, about the 1st day of November, 1900, “duly demanded” of the defendant, who was then the clerk of such district, a certified copy of the record of the proceedings of the annual school meeting of such district, held July 2, 1900, and of a special meeting of such district, held July 12th of…

1Opinion of the CourtMaeshall, J.

The precise ground upon which the court decided the complaint insufficient does not appear. It is suggested as one of such grounds that there is m> law imposing upon a school-district clerk the duty of furnishing certified copies of the public records under his charge. Sec. 4148, Stats. 1898, makes such certified copies receivable <as evidence with like effect as the original records, and provides:

“If any such officer [referring to school-district officers, among others], upon being tendered his legal fees therefor, shall unreasonably refuse to furnish any such certified copy to any applicant…

2Cases cited2 opinions

  1. Johnson v. SimontonCalifornia Supreme Court · 1872
  2. Gores v. FieldWisconsin Supreme Court · 1901

3Cited by5 opinions

  1. Opinion No. Oag 16-80, (1980), Wisconsin Attorney General Reports1980
  2. Kerwin v. AlbrechtWisconsin Supreme Court · 1914
  3. Opinion No. Oag 13-91, (1991), Wisconsin Attorney General Reports1991
  4. Opinion No. Oag 24-79, (1979), Wisconsin Attorney General Reports1979
  5. Opinion No. Oag 40-83, (1983), Wisconsin Attorney General Reports1983

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