Legal Opinion

Coffeen v. Town of Preble

Wisconsin Supreme Court

Decided March 15, 1910PublishedCited by 9 opinions

Appeal from a judgment of tbe circuit court for Brown county: S. D. Hastíeos, Circuit Judge. This action was brought to recover for medical services rendered for the Doyle family, alleged poor persons, which services are alleged to have been performed at the special instance and request of the defendant town. The defendant, after certain admissions, denied that said Doyles were paupers and also that the town had ever engaged the plaintiff to attend them.

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Appeal from a judgment of tbe circuit court for Brown county: S. D. Hastíeos, Circuit Judge. This action was brought to recover for medical services rendered for the Doyle family, alleged poor persons, which services are alleged to have been performed at the special instance and request of the defendant town. The defendant, after certain admissions, denied that said Doyles were paupers and also that the town had ever engaged the plaintiff to attend them. The jury returned the following verdict: “(1) What was the value of Michael Doyle’s property in March, 1907 ? A. $725. “(2) Did the chairman…

1Opinion of the Court

The following opinion was filed March 15, 1910:

EjgRwtn, J.

Sec. 1499, Stats. (1898), provides:

“Every town shall relieve and support all poor and indigent persons . . . whenever they shall stand in need thereof. ...”

It will be seen that this statute provides for “relief” as well as “support” in case of need; and the question arises whether the Doyles were poor and indigent persons in need of relief or support If so, the supervisors had authority under the statute to bind the town for such relief. The jury found that defendant employed the plaintiff as physician to perform professional services…

2Cases cited1 opinion

  1. Town of Rhine v. City of SheboyganWisconsin Supreme Court · 1892

3Cited by9 opinions

  1. Town of Waitsfield v. Town of CraftsburySupreme Court of Vermont · 1914
  2. Town of Cabot v. Town of St. JohnsburySupreme Court of Vermont · 1920
  3. State Department of Public Welfare v. ShirleyWisconsin Supreme Court · 1943
  4. Town of Rolling v. City of AntigoWisconsin Supreme Court · 1933
  5. Milwaukee County v. Oconto CountyWisconsin Supreme Court · 1940

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