Ryan v. Olson
Wisconsin Supreme Court
Appeal from an order of the circuit court for Columbia county: Chester A. Fowler, Circuit Judge. The appeal is from ,an order sustaining a demurrer to the plaintiff’s complaint.
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Appeal from an order of the circuit court for Columbia county: Chester A. Fowler, Circuit Judge. The appeal is from ,an order sustaining a demurrer to the plaintiff’s complaint. The complaint alleges that the plaintiff is a taxpayer and resident of the village of Kilbourn City, and that he brings this action in his own behalf and in behalf of all other persons similarly situated; that during the .times mentioned in the complaint the defendant Olson was president of the village, the defendant A.. W. Luettger.odt the village clerk, and the defendants Helland, Field, Amts, Wirts, Pribbenow, and…
1Opinion of the CourtDoerfler, J.
Did the court commit error in overruling the demurrer upon the ground alleged that the complaint does not state facts sufficient to constitute a cause of action? Under sec. 61.33, Stats., no trustee shall in any manner be directly or indirectly interested in any contract with the village, and by sec. 4549 such a transaction is made a misdemeanor. Sec. 61.33 is a mere declaratory statute. As president of the village, the defendant Olson was charged with the duty of representing and promoting the interests of the village. As an individual, his interest in. the transaction would tend to swerve…
2Cases cited6 opinions
- Ellis v. StateWisconsin Supreme Court · 1909
- Webster v. Douglas CountyWisconsin Supreme Court · 1899
- Shores Lumber Co. v. ClaneyWisconsin Supreme Court · 1899
- Edward E. Gillen Co. v. City of MilwaukeeWisconsin Supreme Court · 1921
- Barker v. Western Union Telegraph Co.Wisconsin Supreme Court · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
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- Locke v. General Accident Fire & Life Assurance Corp.Wisconsin Supreme Court · 1938
- McGovern v. KrausWisconsin Supreme Court · 1927