McGowan v. Paul
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Bock county: Geoege GriMm, Circuit Judge. Taxpayer’s action to restrain the officers of a town, in which is located an unincorporated village, from carrying out a sidewalk and a street-lighting contract These facts were established, as stated in the trial court’s decision, in addition to such, as appertain to the capacity of plaintiff to maintain the suit and of defendants to be parties r The town of Milton, in Bock county,…
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Appeal from a judgment of the circuit court for Bock county: Geoege GriMm, Circuit Judge. Taxpayer’s action to restrain the officers of a town, in which is located an unincorporated village, from carrying out a sidewalk and a street-lighting contract These facts were established, as stated in the trial court’s decision, in addition to such, as appertain to the capacity of plaintiff to maintain the suit and of defendants to be parties r The town of Milton, in Bock county, contains the unincorporated village of Milton Junction. Such village is a railroad center, and the condition of things is…
1Opinion of the Court
Tbe following opinion was filed November 12, 1909 :
Per. Curiam.
Tbe trial court seems to have supposed it was competent for a town to, by general taxation, pay for-building side and cross walks and lighting public streets in an unincoi’pora.ted village within 'its boundaries. Counsel for respondent now so maintain, supporting that view by referring to tbe general authority of towns as to bridges and highways and making contracts to effectuate their corporate powers.
Tbe general scheme of town government is to divide the territory into districts and, in the main, put tbe burden of maintaining…
2Cases cited14 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Penn Mutual Life Insurance v. AustinSupreme Court of the United States · 1898
- Frederick v. Douglas CountyWisconsin Supreme Court · 1897
- Knowlton v. Board of SupervisorsWisconsin Supreme Court · 1859
- Judd v. Town of Fox LakeWisconsin Supreme Court · 1871
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Laun v. KippWisconsin Supreme Court · 1914
- Menasha Wooden Ware Co. v. Town of WinterWisconsin Supreme Court · 1915
- Ellefson v. SmithWisconsin Supreme Court · 1924
- Town of Humboldt v. SchoenWisconsin Supreme Court · 1919
- Leuch v. EgelhoffWisconsin Supreme Court · 1949
8 more not listed; retrieve them via the Exa API.