Berliner v. Town of Waterloo

By the Court,

Paine, J.

This case is entirely similar on its merits to the cases of Phelps vs. The Alfred Bank, and The Town of Rochester vs. The Alfred Bank, decided by this court in 13 Wis., 432. It is an action on a bond issued by the officers of the town in aid of the construction of a railroad, *379but issued before tbe law authorizing it was published or took effect. We held in those cases that the bonds

In this case the objection is taken by demurrer, and counsel for the plaintiff m error contends that the demurrer cannot be sustained, for the reason that the complaint does not show that the…