Peck v. School District No. 4
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bode County. Sec. 1, ch. 19, Laws of 1865, empowered the district board of the defendant school district, to purchase for the district “ a certain new wooden building, situate,” &c., for a school house, and to take a lease of the ground upon which it was situate, not exceeding one acre, “ for the sum of $800; and also to pay for said building and lease the additional sum of $250, if, at a special meeting or the annual meeting,” a majority of…
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APPEAL from the Circuit Court for Bode County. Sec. 1, ch. 19, Laws of 1865, empowered the district board of the defendant school district, to purchase for the district “ a certain new wooden building, situate,” &c., for a school house, and to take a lease of the ground upon which it was situate, not exceeding one acre, “ for the sum of $800; and also to pay for said building and lease the additional sum of $250, if, at a special meeting or the annual meeting,” a majority of the qualified voters of the district should vote for the payment of such additional sum, and also vote a tax to pay the…
1Opinion of the CourtDixon, C. J.
Notwithstanding the ambiguity of the act, arising out of the obscure and inconsistent provisions of the second and third sections, the intention of the legislature not to-authorize the district board to contract for and pay a greater sum than $800, without the assent of a majority of the qualified voters of the district, to be expressed by a vote at a special or annual meeting, is very plain. This appears from the first section. The contract set out in the complaint is for the-*520payment of $1050; and it is averred that it was entered into by the board without the assent of the qualified voters,…
2Cited by38 opinions
- Cowie v. StrohmeyerWisconsin Supreme Court · 1912
- Hannibal & St. Joseph Railroad v. CraneIllinois Supreme Court · 1882
- Judd v. Town of Fox LakeWisconsin Supreme Court · 1871
- Willard v. ComstockWisconsin Supreme Court · 1883
- Fowler v. City of SuperiorWisconsin Supreme Court · 1893
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