Flannagan v. Buxton
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Vernon county: E. 0. Higbee, Circuit Judge. Tbe plaintiff, a resident elector, property owner, and taxpayer of tbe village of Readstown, brings tbis action to recover tbe sum of $95. It is alleged tbat certain of tbe defendants, under claim tbat they acted as officers of tbe village, instructed tbe defendant village treasurer to draw expense warrants on tbe village treasury, tbat tbe president and treasurer did draw them, and…
Read the full summary
Appeal from an order of tbe circuit court for Vernon county: E. 0. Higbee, Circuit Judge. Tbe plaintiff, a resident elector, property owner, and taxpayer of tbe village of Readstown, brings tbis action to recover tbe sum of $95. It is alleged tbat certain of tbe defendants, under claim tbat they acted as officers of tbe village, instructed tbe defendant village treasurer to draw expense warrants on tbe village treasury, tbat tbe president and treasurer did draw them, and tbat tbe village treasurer paid them out of tbe village funds. Tbe expense warrants were drawn for detective work in favor…
1Opinion of the CourtSiebeoker, J.
The contention of the defendants is that the funds of the village were properly applied to a village debt which had been rightfully incurred in the execution of corporate functions in administering the government of the village. Sec. 893, Stats. (1898), grants villages the power to establish ordinances and by-laws for the government and maintenance of good order of the village, the prevention of crime, and the suppression of vice and immorality, and authorizes the village board “to appoint policemen, nightwatchmen and superintendent of police, and to prescribe their duties. . . .” No express…
2Cases cited2 opinions
- Butler v. City of MilwaukeeWisconsin Supreme Court · 1862
- State v. CherrySupreme Court of New Jersey · 1890
3Cited by5 opinions
- Village of Wonewoc v. TaubertWisconsin Supreme Court · 1930
- City of Superior v. RoemerWisconsin Supreme Court · 1913
- Pierson v. Minnehaha CountySouth Dakota Supreme Court · 1912
- City of Burlington v. Industrial Commission of WisconsinWisconsin Supreme Court · 1928
- Tate v. JohnsonIdaho Supreme Court · 1919