Clark v. City of Janesville
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. A former decision of this court in this case will be found in 10 Wis., 136. Subsequently the plaintiffs, by leave of the circuit court, amended their complaint. The amended complaint was demurred to, as not stating facts sufficient to constitute a cause of action, and the court made an order sustaining the demurrer, from which the plaintiffs appealed.
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APPEAL from the Circuit Court for Jefferson County. A former decision of this court in this case will be found in 10 Wis., 136. Subsequently the plaintiffs, by leave of the circuit court, amended their complaint. The amended complaint was demurred to, as not stating facts sufficient to constitute a cause of action, and the court made an order sustaining the demurrer, from which the plaintiffs appealed. The material allegations of the amended complaint are stated in the opinion of this court. contended that persons dealing in the bonds of a city, though bound to look to the law to see whether…
1Opinion of the Court
By the Court,
Oole, J.
At a former term, when this case was before us, it was decided that the charter of the city of Janesville was a general law, and was not in force until published. As a matter of course, all the proceedings of the common council in submitting to the legal voters of the city, according to the provisions of the charter, the question whether said city should take stock in any railroad running to or through it, as well as the election, the subscription to the stock of the company, and the issuing of the bonds for the same, were totally unauthorized and void acts. The action of…
2Cited by2 opinions
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