Hubbard v. Town of Lyndon
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Sheboygan County. Tbe defendant appealed from a judgment in favor of tbe plaintiff. Tbe case is stated in tbe opinion. argued that tbe authority of tbe town supervisors, under cb. 14, Laws of 1865, was special and particular, and they were required to act strictly on tbe conditions under wbicb it was given (19 Wis., 281) ; that tbe money raised by tbe bounty tax was only to be paid to those who might enlist and be credited to tbe town; and…
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APPEAL from tbe Circuit Court for Sheboygan County. Tbe defendant appealed from a judgment in favor of tbe plaintiff. Tbe case is stated in tbe opinion. argued that tbe authority of tbe town supervisors, under cb. 14, Laws of 1865, was special and particular, and they were required to act strictly on tbe conditions under wbicb it was given (19 Wis., 281) ; that tbe money raised by tbe bounty tax was only to be paid to those who might enlist and be credited to tbe town; and that under tbe general denial defendant bad a right to show (among other things) that tbe board of supervisors did not…
1Opinion of the CourtLyoh, J.
This action was brought to recover the amount of a town order, dated April 1st, 1865, drawn upon the treasurer of the defendant, the town of Lyndon, by the chairman of its board of supervisors, countersigned by its cleric, and made payable out of the bounty fund of the town to Charles Gr. Towsley or bearer. The complaint alleges that the town issued the order, that the plaintiff is the owner thereof, that the same had been duly presented to such treasurer for payment, and that payment thereof was refused.
The answer avers, among other things not necessary to be here stated, that the order was…
2Cases cited1 opinion
- Clark v. City of Des MoinesSupreme Court of Iowa · 1865
3Cited by5 opinions
- State ex rel. Van Straten v. MilquetWisconsin Supreme Court · 1923
- Town of Swiss v. United States National BankWisconsin Supreme Court · 1928
- First National Bank of Neillsville v. Town of YorkWisconsin Supreme Court · 1933
- Brown v. Town of JacobsWisconsin Supreme Court · 1890
- Vought v. StateWisconsin Supreme Court · 1908