Beyer v. Town of Crandon
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Forest county: John Goodland, Circuit Judge. Action by taxpayers of the county of Forest against the town of Grcmdon, in said county, and the town treasurer of such town, and the executors of the estate of R. B. Lang-don, deceased, to enjoin .the payment of a judgment against such town rendered in favor of Langdon in his lifetime, and owned by such executors as his personal representative.
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Appeal from a judgment of the circuit court for Forest county: John Goodland, Circuit Judge. Action by taxpayers of the county of Forest against the town of Grcmdon, in said county, and the town treasurer of such town, and the executors of the estate of R. B. Lang-don, deceased, to enjoin .the payment of a judgment against such town rendered in favor of Langdon in his lifetime, and owned by such executors as his personal representative. The ground upon which it was sought to enjoin the payment of the judgment was that it was fraudulent and illegal, and that the officers of the town permitted…
1Opinion of the CourtMaRrttat.t., J.
At the commencement of the trial defendants’ counsel objected to any evidence under the complaint, which objection was overruled, and error is assigned on such ruling because the action was brought in the name of the plaintiffs alone instead of on behalf of all the taxpayers of the town; and further because there is no allegation in the complaint of a request of the defendant town to bring the action, and a refusal so to do.
It is a sufficient answer to the first ground stated, that if a defect of parties plaintiff exists — and none is perceived — such defect cannot be reached by a general…
2Cases cited3 opinions
- Doud v. Wisconsin, Pittsville & Superior Railway Co.Wisconsin Supreme Court · 1886
- Nevil v. CliffordWisconsin Supreme Court · 1882
- Eschweiler v. StowellWisconsin Supreme Court · 1890
3Cited by13 opinions
- Land, Log & Lumber Co. v. McIntyreWisconsin Supreme Court · 1898
- Menasha Wooden Ware Co. v. Town of WinterWisconsin Supreme Court · 1915
- Connor v. City of HaverhillMassachusetts Supreme Judicial Court · 1939
- George W. Condon Co. v. Board of County Com'rsWyoming Supreme Court · 1940
- Kavanaugh v. DelgadoNew Mexico Supreme Court · 1930
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