Knight v. Town of Ashland
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. The following statement of the case was prepared by Mr. Justice Taylob, as a part of the opinion: This action is brought by the appellant to recover for professional services in commencing and. prosecuting an action at law, in which the town of La Pointe, in the county of Ash-land, was plaintiff, and the present respondent was defendant.
Read the full summary
APPEAL from the Circuit Court for Ashland County. The following statement of the case was prepared by Mr. Justice Taylob, as a part of the opinion: This action is brought by the appellant to recover for professional services in commencing and. prosecuting an action at law, in which the town of La Pointe, in the county of Ash-land, was plaintiff, and the present respondent was defendant. The subject of the controversy in that action was the sum of $10,000, which it was claimed belonged to the said town of La Pointe, but which had been wrongfully paid over by the county treasurer of Ashland…
1Opinion of the CourtTayloe, J.
The real question in the case is, Do the facts stated in the complaint constitute a cause of action-in favor of the plaintiff against the defendant town? It is not contended by the learned counsel for the respondent but that the plaintiff would have been entitled to recover under his contract the stipulated $5,000, had the town of La Pointe continued in existence, and that town had, without the consent of the plaintiff, discontinued its action against the town of Ashland. There could certainly be no doubt as to his right in such event had he demonstrated that by the prosecution of the action…
2Cases cited9 opinions
- Mount Pleasant v. BeckwithSupreme Court of the United States · 1880
- Thompson v. AbbottSupreme Court of Missouri · 1875
- Morgan v. Beloit, City and TownSupreme Court of the United States · 1869
- Town of Depere v. Town of BellevueWisconsin Supreme Court · 1872
- City of Olney v. Harvey & BoydIllinois Supreme Court · 1869
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lund v. Chippewa CountyWisconsin Supreme Court · 1896
- Schriber v. Town of LangladeWisconsin Supreme Court · 1886
- Wm. N. Coler & Co. v. Dwight School TownshipNorth Dakota Supreme Court · 1893
- Forest County v. Langlade CountyWisconsin Supreme Court · 1890
- National Foundry & Pipe Works, Ltd. v. Oconto City Water Supply Co.Wisconsin Supreme Court · 1899
4 more not listed; retrieve them via the Exa API.