McGillivray v. Joint School District No. 1
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Jackson county: James O’Neill, Circuit Judge. An action for $850 worth of material and mill work sold ■and furnished by the plaintiff under a written contract made February 19, 1900, and incorporated in the construction of a new school-house situated upon land belonging to the district, and now occupied and used by it for school-house purposes.
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Appeal from a judgment of the circuit court for Jackson county: James O’Neill, Circuit Judge. An action for $850 worth of material and mill work sold ■and furnished by the plaintiff under a written contract made February 19, 1900, and incorporated in the construction of a new school-house situated upon land belonging to the district, and now occupied and used by it for school-house purposes. The contract was simply to “furnish all the mill-work for your school-house, according to plans and .specifications, for the sum of $850.00.” The defense was invalidity of the contract. It appeared, and…
1Opinion of the CourtDodge, J.
The validity of plaintiff’s contract is assailed on the ground, among others, that it carried the indebtedness beyond the constitutional limit of five per cent, of the assessed valuation, and was therefore beyond the power of the district itself. That such was the fact is beyond dispute. Five per cent, of the assessed value was $3,578.20; the existing indebtedness on February 19, 1900, was $2,983.76; the constitutional limit of indebtedness was therefore $594.44,— less than $850. The contract was therefore forbidden by sec. 3, art. XI, of the constitution. Appellant, however, contends that,…
2Cases cited37 opinions
- McCullough v. VirginiaSupreme Court of the United States · 1898
- Hedges v. Dixon CountySupreme Court of the United States · 1893
- Chapman v. County of DouglasSupreme Court of the United States · 1883
- Litchfield v. BallouSupreme Court of the United States · 1885
- McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
32 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Ferguson v. Union Nat. Bank of Clarksburg, W. Va.Court of Appeals for the Fourth Circuit · 1942
- Shulse v. City of MayvilleWisconsin Supreme Court · 1937
- Balch v. BeachWisconsin Supreme Court · 1903
- Bank of Lowell v. CoxArizona Supreme Court · 1929
- Fairbanks-Morse Co. v. City of GearySupreme Court of Oklahoma · 1916
23 more not listed; retrieve them via the Exa API.