Legal Opinion

State ex rel. Voight v. Hoeflinger

Wisconsin Supreme Court

Decided January 15, 1872PublishedCited by 14 opinions

APPEAL from the Circuit Court for Marathón County. The following statement of the case was originally prepared as a part of the opinion, by DixoN, C. J. “ One-half of the net proceeds of the sales or of the income derived by the state from the swamp and overflowed lands donated to it by congress for tbe purpose of reclaiming such lands, bas been set apart by the legislature for that object, and a fund created denominated by statute “ the drainage fund.”

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APPEAL from the Circuit Court for Marathón County. The following statement of the case was originally prepared as a part of the opinion, by DixoN, C. J. “ One-half of the net proceeds of the sales or of the income derived by the state from the swamp and overflowed lands donated to it by congress for tbe purpose of reclaiming such lands, bas been set apart by the legislature for that object, and a fund created denominated by statute “ the drainage fund.” The system provided for the distribution of this fund is such, that so much of it as arises from the sales of any such lands within any town…

1Opinion of the CourtDixon, C. J.

We have no evidence that ch. 70, P. & L. Laws of 1871, was specially published, or that there was any publication until it appeared in the volume of private and local laws for that year, to which the certificate of the secretary of state is appended, bearing date September 29, 1871. Assuming the last as the true date of publication (which, according to the rule established by this court in such cases, we must do), the repealing act did not take effect until that time, and consequently not until more than a month after the trial and judgment in the court below, provided the act was a general…

2Cases cited4 opinions

  1. Watson v. MercerSupreme Court of the United States · 1834
  2. Foster v. President of the Essex BankMassachusetts Supreme Judicial Court · 1819
  3. State ex rel. Cothren v. LeanWisconsin Supreme Court · 1859
  4. Smith v. HoytWisconsin Supreme Court · 1861

3Cited by14 opinions

  1. McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
  2. Madison Metropolitan Sewerage District v. Committee on Water PollutionWisconsin Supreme Court · 1951
  3. West Wisconsin Railway Co. v. Board of Supervisors of Trempealeau CountyWisconsin Supreme Court · 1874
  4. State ex rel. City of Cut Bank v. McNamerMontana Supreme Court · 1922
  5. Avery v. RyanWisconsin Supreme Court · 1889

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