Town of La Pointe v. Town of Ashland
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Ashland County. The case is thus stated by Mr. Justice Tayloe: This action was brought by the appellant town to recover of the respondent the sum of $10,000 of drainage-fund money, which the appellant claims belonged to it, and which had been unlawfully received by and appropriated to the use of the respondent town.
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APPEAL from tbe Circuit Court for Ashland County. The case is thus stated by Mr. Justice Tayloe: This action was brought by the appellant town to recover of the respondent the sum of $10,000 of drainage-fund money, which the appellant claims belonged to it, and which had been unlawfully received by and appropriated to the use of the respondent town. The complaint contains the following allegations: “ 1. That the respective parties are duly organized towns of the county of Ashland. “ 2. That on the first day of August, 1872, the county treasurer of the county of Ashland received from the…
1Opinion of the CourtTaylor, J.
1. The first objection taken to the complaint in this court by the learned counsel for the respondent is, that it does not show that the money ever belonged to the town of La Pointe. The ground of this objection is, that when the lands were sold from which the money was derived, the town of La Pointe covered the whole area of the county of Ashland — the town of Ashland not having been formed or organized until after sueh sales had all been made, viz., the second of July, 1872; and that therefore the allegation in the complaint “ that all the lands so sold were, at the time said sales were…
2Cases cited10 opinions
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- Cooper v. RobertsSupreme Court of the United States · 1856
- Dunklin County v. District County Court of Dunklin CountySupreme Court of Missouri · 1856
- Klatt v. ZeraWisconsin Supreme Court · 1960
- Cairns v. O'BlenessWisconsin Supreme Court · 1876
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3Cited by4 opinions
- State ex rel. Attorney General v. DonaldWisconsin Supreme Court · 1915
- Outagamie County v. ZuehlkeWisconsin Supreme Court · 1917
- Town of Remington v. WardWisconsin Supreme Court · 1891
- Sulzer v. SmithDistrict Court, D. Alaska · 1915