Town of Humboldt v. Schoen
Wisconsin Supreme Court
Appeal from an order of tire circuit court for Brown county: Heney G-eaass, Circuit Judge. Action to recover moneys claimed to Rave been illegally paid out of plaintiff’s treasury by tbe defendants, wbo were officers of tbe plaintiff town.
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Appeal from an order of tire circuit court for Brown county: Heney G-eaass, Circuit Judge. Action to recover moneys claimed to Rave been illegally paid out of plaintiff’s treasury by tbe defendants, wbo were officers of tbe plaintiff town. After stating tbe corporate character of plaintiff tbe complaint alleges: “2. That at tbe times hereinafter mentioned tbe defendants Louis Schoen, Eugene Panure, and John Pigeon were tbe duly elected, qualified, and acting supervisors of tbe said town of Humboldt, and that at tbe said times tbe defendants Ered Clabots and Joseph Baumgart were tbe duly…
1Opinion of the CourtVinje, J.
It is quite evident that the resolution of the electors of the town providing that it should be .brought under the county and state drainage system, and that the town board should lay out the different districts and fix the number thereof, was not a proceeding had under ch. 54 of the Statutes of 1915, relating to town drains. But counsel for defendant contend that the procedure authorized by said chapter is merely cumulative and that the electors had the power, under the provisions of sec. 776, Stats. 1915, to provide for a drainage system and expend money therefor. The language of the…
2Cases cited1 opinion
- City of Milwaukee v. BinnerWisconsin Supreme Court · 1914
3Cited by1 opinion
- Town of Humboldt v. SchoenWisconsin Supreme Court · 1919