State ex rel. Town of Star Prairie v. Board of Supervisors
Wisconsin Supreme Court
APPEAL from the Circuit Court for St. Croix County. Mapidamus to compel county board to appropriate $400 for repairing bridges in the town of Star Prairie, under the provisions of ch. 187, Laws of 1885. The petition for the writ alleged that on the 2d day of April, 1889, the electors of the town levied $400 on the taxable property of the town for rebuilding and repairing certain bridges across Apple river in said town; that said bridges were out of repair, unsafe, urgently…
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APPEAL from the Circuit Court for St. Croix County. Mapidamus to compel county board to appropriate $400 for repairing bridges in the town of Star Prairie, under the provisions of ch. 187, Laws of 1885. The petition for the writ alleged that on the 2d day of April, 1889, the electors of the town levied $400 on the taxable property of the town for rebuilding and repairing certain bridges across Apple river in said town; that said bridges were out of repair, unsafe, urgently in need of repairs, and each situated on a public highway in said town; that the total cost of such repairs will be not…
1Opinion of the CourtWinslow, J.
It is objected by respondent that this court cannot consider the correctness of the rulings of the circuit court upon the demurrer, because no appeal was taken directly from the order thereon, and that the time for an appeal therefrom has expired. The objection is not tenable, because upon appeal from final judgment the question as to the correctness of the order upon the demurrer may be reviewed. R. S. 1878, sec. 3070; Moritz v. Splitt, 55 Wis. 441.
The questions presented relate to the proper construction of ch. 187, Laws of 1885, which appears as sec. 1319, S. & B. Ann. Stats. That section,…
2Cases cited3 opinions
- State ex rel. Crawford v. HastingsWisconsin Supreme Court · 1860
- Moritz v. SplittWisconsin Supreme Court · 1882
- State ex rel. Town of Rochester v. Board of SupervisorsWisconsin Supreme Court · 1888
3Cited by10 opinions
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- Village of Bloomer v. Town of BloomerWisconsin Supreme Court · 1906
- Connell v. ConnellWisconsin Supreme Court · 1931
- Town of Grand Chute v. Outagamie CountyCourt of Appeals of Wisconsin · 2004
- Schlecht v. AndersonWisconsin Supreme Court · 1929
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